TITLE 9 - OFFICES OF THE GOVERNOR AND LIEUTENANT GOVERNOR

 

CHAPTER 2 - EXECUTIVE ORDERS

 

SUBCHAPTER 2B ‑ EXECUTIVE ORDERS ISSUED BY GOVERNOR JAMES G. MARTIN

 

Note:  Pursuant to G.S. 150A‑63 Effective January 1, 1984, the Executive Orders filed by the Governor are published in the NCAC.

 

EXECUTIVE ORDER NUMBER 1

 

NORTH CAROLINA BOARD OF ETHICS

 

JANUARY 31, 1985

 

            WHEREAS, public office in North Carolina must always be regarded as a public trust; and

            WHEREAS, the people of North Carolina have a fundamental right to the assurance that officers of their government will not use their public position for personal gain; and

            WHEREAS, this Administration is committed to restore and maintain the confidence of North Carolina citizens in their government; and

            WHEREAS, there is a need in North Carolina for the creation of an institutionalized procedure designed to prevent the occurrence of conflicts of interest in government and to deal with them when they do occur; and

            WHEREAS, this Administration realizes that the vast majority of state government employees are honest and hard working in their public and private lives;

 

            NOW, THEREFORE, IT IS HEREBY ORDERED:

 

            Section 1.  Executive Order Number 1, January 10, 1977.  Executive Order Number 1, dated January 10, 1977, is hereby rescinded.  All records, including but not limited to Statements of Economic Interest, of the North Carolina Board of Ethics created pursuant to said executive order, are transferred to the North Carolina Board of Ethics herein.

 

            Section 2.  North Carolina Board of Ethics.  There is hereby established the North Carolina Board of Ethics consisting of five persons to be appointed by the Governor to serve at his pleasure.  The Governor shall, from time to time, designate one of the members as Chairman.  The members shall receive no compensation, but shall receive reimbursement for any necessary expenses incurred in connection with the performance of their duties pursuant to General Statute 138‑15.  The Board of Ethics shall not be considered a public office for the purpose of dual office holding.

 

            Section 3.  Persons subject to Order.  The following persons are subject to this order and to the jurisdiction of the Board of Ethics:

                                                       (a)        All employees in the Office of the Governor.

                                                       (b)        The heads of all principal departments of state government who are appointed by the Governor.

                                                       (c)        The chief deputy or chief administrative assistant to each of the aforesaid heads of principal state departments.

                                                       (d)        All "confidential" assistants or secretaries to the aforesaid department heads (or to the aforesaid chief deputies and assistants of department heads) as defined in G.S. 126‑5(b)(2).

                                                       (e)        All employees in policy‑making positions as designated by the Governor pursuant to the State Personnel Act as defined in G.S. 126‑5(b)(3), and all "confidential" secretaries to these individuals as defined in G.S. 126‑5(b)(4).

                                                       (f)        Any other employees in the principal departments of state government, except in those principal departments headed by elected heads other than the Governor, as may be designated by rule of the Board subject to the approval of the Governor, to the extent such designation does not conflict with the State Personnel Act.

                                                       (g)        The members of all commissions, boards and councils appointed by the Governor, with the exception of members of those commissions, boards and councils the Board of Ethics determines perform solely advisory functions.

                                                       (h)        The elected heads of other principal state departments, and certain employees of those departments as designated by the head, in the event of an election by such department head to participate in the system created by this Order as provided for in Section 8 of this Order.

                                                       (i)         Members of North Carolina Board of Ethics.

 

            Section 4.  Exemption From Order.  Notwithstanding Section 3, herein, a commission, board or council to which the Governor appoints members, may upon written application request the Board of Ethics to exempt its members from this Order.  The Board of Ethics shall make a determination upon such requests, which shall be final, after a specific finding by the Board that such exemption does not violate the intent of this Order an in no way interferes or conflicts with the proper and effective discharge of the official duties of the members of the commission, board or council making the request.  The determination of the Board of Ethics in every such case shall be made available for public inspection at a convenient location.

 

            Section 5. Specific Prohibitions

                                                       (a)        No person subject to this Order shall engage in any activity which interferes or is in conflict with the proper and effective discharge of such person's official duties.

                                                       (b)        No person who is employed by the state in a full‑time position and who is subject to this Order, shall hold any other public office or public employment for which compensation, direct or indirect, is received except under circumstances and in the manner approved by the Board upon review of a written request pursuant to Board procedures;

                                                       (c)        No person subject to this Order shall solicit in their official capacity and gratuity or other benefits for themselves from any other person under any circumstances.

            Any exception to the foregoing prohibitions granted by the Board, may only be allowed by the Board upon written application to the Board, and after a specific finding by the Board that such activity does not violate the intent of this Order and in no way interferes or conflicts with the proper and effective discharge of the official duties of the person making the request.  The Board shall make a determination in each such case, which shall be final.  The determination of the Board in every such case shall be made available for public inspection at a convenient location.

 

            Section 6.  Statements of Economic Interest.

                                                       (a)        Within thirty days from commencement of state service or the effective date of this Order, whichever is later, and thereafter between April 15 and May 15 of each succeeding year, each of the following persons subject to this Order shall file with the Board a sworn Statement of Economic Interest:

                                                                        (i)         Each person appointed by the Governor and subject to this Order;

                                                                        (ii)        Each person subject to this Order, whether or not appointed by the Governor, who receives $30,000 or more from the state;

                                                                        (iii)       Each person subject to this Order, irrespective of the amount of compensation received, whose position is subject to undue influence (as determined from time to time by the Board);

                                                                        (iv)       Each person designated by the elected head of a principal department of state government pursuant to Section 8 of this order;

                                                                        (v)        Statements filed by members of the Board of Ethics shall be filed with the Governor and shall be made public.

                                                                   (b)        The Statement of Economic Interest shall contain:

                                                                        (i)         The name, home address, occupation, employer and business address of the person filing.

                                                                        (ii)        A list of all assets and liabilities of the person filing which exceed a valuation of $5,000.  With respect to each asset and liability listed, the specific valuation need not be set forth, but there should be an indication as to whether the valuation of each asset or liability exceeds $10,000.  This list shall contain, but shall not be limited to, the following:

                                                                                   (A)       All real estate, with specific description adequate to determine the location of each parcel;

                                                                                   (B)       The name of each publicly‑owned company (companies which are required to register with the Securities and Exchange Commission) in which securities are owned, with an indication as to whether the valuation of the securities owned in each company listed exceeds $10,000.

                                                                                   (C)       The name of each non‑publicly‑owned company or business entity in which securities or other equity interests are owned, and an indication as to whether the valuation of the securities or equity interest owned in each such company or business entity listed exceeds $10,000.

                                                                                   (D)       With respect to the aforesaid non‑publicly‑owned company or business entities in which the interest of the person filing exceeds a valuation of $10,000, if any such companies or business entities own securities or equity interests in other companies or business entities, the name of each such other company or business entity should be listed if the securities or other equity interests in them held by the aforesaid non‑publicly‑owned company exceed a valuation of $10,000.

                                                                                   (E)       If the person filing or his or her spouse or dependent children are the beneficiary of a trust created, established or controlled by the person filing, which holds assets, and if those assets are known, the name of each company or other business entity in which securities or other equity interests are held by the trust should be listed, with an indication as to whether the valuation of the securities or equity interest held in each such company or business entity listed exceed $10,000, and with the name and address of the trustee and a description of the trust.  If any of the aforesaid assets are securities or other equity interests in a corporation or other business entity, each such corporation or business entity should be listed separately by name.  If the assets held by such a trust and the name and address of the trustee should be provided.

                                                                                   (F)        A list of all other assets and liabilities which exceed a valuation of $5,000 (including bank accounts and debts), with an indication as to whether each asset and liability exceeds a valuation of $10,000.

                                                                        (iii)       A list of all sources (not specific amounts) of income (including capital gains) shown on the most recent federal and state income tax returns of the person filing where $5,000 or more was received from such source.

                                                                        (iv)       If the person filing is a practicing attorney, check each category of legal representation in which the person filing, and/or his or her law firm has, during any single year of the past five years, earned legal fees in excess of five thousand dollars ($5,000) from any of the following categories of legal representation:

                                                                                    ______ Criminal law

                                                                                    ______ Utilities regulation or representation of regulated utilities

                                                                                    ______ Corporation law

                                                                                    ______ Taxation

                                                                                    ______ Decedent's estates

                                                                                    ______ Labor law

                                                                                    ______ Insurance law

                                                                                    ______ Administrative law

                                                                                    ______ Real property

                                                                                    ______ Admiralty

                                                                                    ______ Negligence (representing plaintiffs)

                                                                                    ______ Negligence (representing defendants)

                                                                        (v)        A list of all business with which, during the past five years, the person filing has been associated, indicating the timeperiod of such association and the relationship with each business as an officer, employee, director, partner or a material owner of a security or other equity interest and indicating whether or not each does business with or is regulated by the state and the nature of the business, if any, done with state.

                                                                        (vi)       In all statements of economic interest after the first one filed by an individual, a list of all gifts of a value of more than $100.00 received during the twelve months preceding the date of the Statement of Economic Interest from sources other than relatives of the person filing and his or her spouse, and a list of all gifts, of value of more than $50.00 received from any source having business with or regulated by the state.

                                                                        (vii)      Other information as may be deemed necessary to effectuate the purpose of this Order, as provided for by rule of the Board.

                                                                        (viii)     A statement setting forth any other information or relationship which the person filing believes may relate to any actual or potential conflict of interest he or she may have as an employee of state government.

                                                                        (ix)       A sworn certification by the person filing that he or she has read the Statement of Economic Interest, and that to the best of his or her knowledge and belief it is true, correct, complete and that he or she has not transferred and will not transfer any asset, interest or other property for the purpose of concealing it from disclosure while retaining an equitable interest therein.

                                                                   (c)        The person filing a Statement of Economic Interest shall list as specified in Section 6(b) the assets, liabilities, and sources of income of his or her spouse which are derived from the assets or income of the person filing, controlled by the person filing, or for which the person filing is jointly or severally liable.

                                                                   (d)        Any person required to file a Statement of Economic Interest or his or her spouse may request the Board to delete an item, which may be deleted by the Board pursuant to a written request, but only upon a finding that it is of a confidential nature, does not in any way relate to the duties of the position held or to be held by such person and does not create an actual or potential conflict of interest.

                                                                   (e)        The Board of Ethics shall issue a form for such Statements of Economic Interest, which in no event shall be later than February 15, 1985.

                                                                   (f)        After review and evaluation by the Board, the Statements of Economic Interest will be made available by the Board for public inspection.

 

            Section 7.  Duties of Board of Ethics.

                                                                   (a)        The Board shall review all Statements of Economic Interest submitted to it to determine their conformity with the terms of this Order and the Board's rules, and to evaluate the financial interests of the person filing to determine whether there appears to be actual or potential conflicts of interest.  The Board shall submit a written report of each such evaluation to the Official responsible for making the appointment of the person filing, and to the Governor, unless the person is an employee of one of the other principal departments of state government listed in Section 8 of this Order, in which case a copy of the written report shall be sent to the elected head of that department.  The Board may recommend remedial action with respect to any problem which is apparent from any Statement.

                                                                   (b)        The Board shall evaluate all claims of privacy made concerning a portion of a Statement of Economic Interest, prior to making the Statement available for public inspection, and the decision of the Board in these matters shall be final.

                                                                   (c)        The Board shall provide by rule for the time, place and manner of convenient public inspection of the Statements of Economic Interest.

                                                                   (d)        The Board shall promulgate readily understandable rules, forms and procedures to carry out the purposes of this Order and shall publish them.

                                                                   (e)        The Board shall render opinions and determinations on matters pertaining to the interpretation and application of this Order.

                                                                   (f)        The Board shall provide reasonable assistance to all persons subject to this Order in complying with the terms of this Order.

                                                                   (g)        The Board shall receive information from the public concerning potential conflicts of interest and make necessary investigations.  The Board shall promulgate rules to protect all employees from specious and unfounded claims and damage to their reputations which could result from such claims.  The Board also shall promulgate rules to protect employees from any direct or indirect reprisals from any source resulting from efforts to inform the Board of the existence of potential or acutal conflicts of interest in state government.  The Board also shall promulgate rules providing for full and fail consideration of the merits of all complaints received which rules shall assure that the rights of all parties involved in the investigation are protected.  All complaints and allegations concerning actual or potential conflicts of interest to be considered by the Board must contain the name, address, telephone number and oath of the individual filing such complaint or making such allegation.  The Board shall prepare a report of each such investigation and forward a copy to the official responsible for making the appointment of the person investigated, and to the Governor, unless the person investigated is an employee of one of the other principal departments of state government listed in Section 8 of this Order, in which case a copy of the written report shall be sent to the elected head of that department.  The Board may recommend remedial action with respect to any problem revealed by such an investigation.

                                                                   (h)        The Board shall request, when necessary to accomplish the purposes of this Order, additional information from persons covered by this Order.

                                                                   (i)         The Board shall meet regularly, at the call of the Chairman, to carry out its duties.

                                                                   (j)         The Board shall submit a report annually to the Governor on their activities and generally on the subject of public disclosure, ethics and conflicts of interest, including recommendations for administrative and legislative action.

                                                                   (k)        The Board shall perform such other duties an may be necessary to accomplish the purposes of this Order.

 

            Section 8.  Other Principal Departments of State Government.  The elected heads of other principal departments of the state government (Office of the Lieutenant Governor, Departments of the Secretary of State, State Auditor, State Treasurer, Public Education, Justice, Agriculture, Labor and Insurance) and the University of North Carolina Board of Governors may, and hereby are invited to, join in the effort represented by this Order by providing the Chairman of the Board of Ethics with a written notice of their election to have the terms of this Order apply to those employees under their jurisdiction (who are not covered by the State Personnel Act), and with a list of the employees under their jurisdiction who will be asked to submit a Statement of Economic Interest.  All services of the Board available to the Governor under this Order shall be available to each of the heads of the aforesaid departments so electing, and all of the services of the Board available to employees under this Order shall be available to employees brought within the coverage of this Order in this manner.

 

            Section 9.  Sanctions.  The failure to any employee to make timely filing of a required document, the making of a false or misleading statement or an omission in a document, the failure to cooperate with the Board of Ethics and the failure to comply with the terms of this Order, shall be grounds for disciplinary action, including discharge.

 

            Section 10.  Board Offices.  The Board of Ethics and its staff, for administrative purposes only, shall be located in the Department of Administration.

 

            Done in Raleigh, North Carolina, this the 31st day of January in the year of our Lord, one thousand nine hundred eighty‑five.

 

EXECUTIVE ORDER NUMBER 2

 

GOVERNOR'S EFFICIENCY STUDY COMMISSION

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

Section 1.  ESTABLISHMENT

            (a)  There is established a Governor's Efficiency Study Commission composed of members appointed by the Governor from among citizens in private sector business, industry, and professions of the State.

            (b)  Thomas I. Storrs of Charlotte shall be Chairman and Gregory Poole, Jr. of Raleigh shall be Vice‑Chairman of the Commission.

 

Section 2.  FUNCTIONS

            (a)  The commission shall conduct a private sector study of efficiency in the State Government and shall advise the Governor, and other State Government department and agency heads with respect to improving management and reducing costs.

            (b)  In fulfilling its undertaking the commission shall make recommendations containing:

                                                                   (1)        Opportunities for increased efficiency and reduced costs in State Government that can be realized by Executive action and legislation;

                                                                   (2)        Areas where managerial accountability can be enhanced and administrative control can be improved;

                                                                   (3)        Opportunities for managerial improvements over both the short and long term;

                                                                   (4)        Specific areas where further study can be justified by potential savings; and

                                                                   (5)        Information and data relating to governmental expenditures, indebtedness, and personnel management.

 

Section 3.  ADMINISTRATION

            (a)  The heads of the State departments and agencies shall, to the extent permitted by law, provide to the commission, its consultants and its staff such information as may be required or desired by the commission in carrying out the purposes of this Order.

            (b)  Members of the Commission shall serve without compensation.

            (c)  The Office of the Governor shall, to the extent permitted by law and subject to the availability of funds, provide the commission with such facilities, services and other support as it may require for carrying out the purpose of this order.

            (d)  The commission shall be funded, staffed and equipped, by contributions received by it from the private sector and without cost to the state government.

 

Section 4.  REPORT OF RECOMMENDATIONS

            (a)  The commission will present its recommendations to the Governor and the Office of Budget and Management by no later than September 13, 1985.

 

Section 5.  IMPLEMENTATION

            (a)  The Office of Budget and Management shall review the recommendations made by the commission and recommend to the Governor ways and means for implementing the same.  Such recommendations as are approved by the Governor shall be implemented by the Office Budget of Management when, and to the extent, directed by the Governor.

 

Section 6.  PRIOR ORDERS

            (a)  All prior Executive Orders or portions of prior Executive Orders inconsistent herewith are hereby repealed.

 

            This Order is effective this 12th day of February, 1985.

 

EXECUTIVE ORDER NUMBER 3

 

NORTH CAROLINA ADVISORY COUNCIL ON VOCATIONAL EDUCATION

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

Section 1.  ESTABLISHMENT

            (a)  There is established the North Carolina Advisory Council on Vocational Education, (hereinafter referred to as the "Council") to act as the State Council on Vocational Education in accordance with the requirements of Section 112 of Public Law 98‑524 enacted by the United States Congress and known as the "Carl D. Perkins Vocational Educational Act," (hereinafter referred to as the "Act.")

            (b)  The members of this Council shall consist of those persons appointed by the Governor of North Carolina and certified to the United States Secretary of Education each year, who, to the best of the Governor's knowledge and belief, meet the qualifications specified in the Act.

 

Section 2.  FUNCTIONS

            The Council shall meet, select a chairman and perform responsibilities and duties as prescribed by and limited to the requirements of the Act.

 

Section 3.  ADMINISTRATION

            (a)  The State of North Carolina and all its constituent departments and agencies shall cooperate with the Council including providing appropriate office space and support services to assist the Council in carrying out its duties as specifically set out in the Act, as amended.

 

Section 4.  EXECUTIVE ORDER NUMBER 25 RESCINDED

            Executive Order Number 25, dated May 25, 1978, is hereby rescinded.  All records of the North Carolina Advisory Council on Education created pursuant to said executive order, are transferred to the Council created herein.  The Council herein shall be the successor to the North Carolina Advisory Council on Education.

 

            This Order is effective this twenty‑seventh day of March, 1985.

 

EXECUTIVE ORDER NUMBER 4

 

Recension of Executive Order No. 97 Dated September 7, 1983, Restoring

Review of Disability Procedures

 

            By authority vested in me as Governor by the Constitution and laws of North Carolina it is ordered:

                                                                   (1)        Executive Order No. 97 executed on September 7, 1983, is rescinded.

                                                                   (2)        Secretary of the Department of Human Resources is directed to end the moratorium on the processing of claims forwarded by the Social Security Administration.

 

            This Order is effective this 10th day of May, 1985.

 

EXECUTIVE ORDER NUMBER 5

 

GOVERNOR'S COMMISSION ON CHILD VICTIMIZATION

 

            The safety of our State's young people is in jeopardy because of the increasing threats of child abuse, neglect and exploitation; and the increasing numbers of runaways, throwaways, parental kidnappings and stranger abductions;

            The State of North Carolina must consider strong measures designed to protect our children;

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

Section 1.  ESTABLISHMENT

            I hereby establish the Governor's Commission on Child Victimization, which shall be established under the office of the Governor.  The Commission shall be composed of at least fifteen and not more than thirty members appointed by the Governor to serve at the pleasure of the Governor.  The Governor shall designate one of the members as Chairman.  The members appointed by the Governor will be respresentative of the following areas:

                                                                   (1)        State departments currently involved in education, safety, delinquency prevention and intervention services for children and youth;

                                                                   (2)        Private business and community leaders;

                                                                   (3)        Law enforcement;

                                                                   (4)        The judicial system;

                                                                   (5)        Private citizens or volunteers who have developed or implemented model youth programs within the State.

 

Section 2.  FUNCTIONS

            (a)  The Commission shall meet regularly at the call of the Chairman, and may hold special meetings at any time at the call of the Chairman or the Governor.  The Commission is authorized to conduct public hearings.

            (b)  The Commission shall have the following duties:

                                                                   (1)        Encourage private sector involvement and help coordinate private groups and business activity in the prevention of the victimization of youth and children.

                                                                   (2)        Coordinate the various state agencies dealing with the victimization of children in order to create an overall program without duplicating effort.

                                                                   (3)        Consider new prevention programs for North Carolina.

                                                                   (4)        Review existing State and local programs in North Carolina which address the prevention of the victimization of children;

                                                                   (5)        Review the General Statutes of North Carolina applicable to children and youth;

                                                                   (6)        Review proposals and model prevention programs in other states;

                                                                   (7)        Other duties as assigned by the Governor.

 

Section 3.  ADMINISTRATION

            In support of the Commission, a staff of three will be created:

                                                                   (a)        Executive Director, Public Information Administrator and Administrative Secretary.  Funds shall be authorized and made available by the Governor's Crime Commission.

                                                                   (b)        Members of the Commission may be reimbursed for necessary travel and subsistance expenses as authorized by N.C.G.S. 138‑5.  Funds for reimbursement of such expenses shall be made available from funds authorized by the Governor's Crime Commission.

 

Section 4.  IMPLEMENTATION AND DURATION

            (a)  This order shall be effective immediately.

            (b)  The Commission shall dissolve at the pleasure of the Governor, but no later than September 30, 1986.

 

            This Order is effective this twentieth day of May, 1985.

 

EXECUTIVE ORDER NUMBER 6

 

STATE EMPLOYEES' WORK PLACE REQUIREMENTS FOR SAFETY AND HEALTH

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ordered:

 

Section 1.  ESTABLISHMENT

            (a)  There is established a State Employees' Work Place Requirements Program for Safety and Health for North Carolina to meet its loss prevention responsibilities and provide safe and healthful conditions of employment in all areas of the State.  Employees subject to the State Personnel Act will be covered by this program as well as those employees exempt from the State Personnel Act.

            (b)  The State Personnel Director is responsible for developing a program which shall include, but not be limited to, concerns for:

                                                                   (1)        protecting employees from job related injuries or health impairment;

                                                                   (2)        preventing accidents and fires;

                                                                   (3)        emergency medical procedures and emergency plans;

                                                                   (4)        monitoring industrial hygiene, housekeeping and sanitation; and

                                                                   (5)        utilizing available resources within State Government and elsewhere to inform and educate personnel in all areas of preventive health, safety, personal security, personal care, and other individual responsibilities.

 

Section 2.  FUNCTIONS

            (a)  The State Personnel Director shall develop a comprehensive State Employees' Work Place Requirements Policy and Program for recommendation to the State Personnel Commission on or before September 15, 1985.

            (b)  Upon approval by the State Personnel Commission, the State Personnel Director shall implement and maintain the State Employees' Work Place Requirements Program which will be expanded to cover employees exempt from the State Personnel Act.

            (c)  The State Employees' Work Place Requirements Program shall reflect fundamental safety and health principles.  The Program is to be designed to serve as a model to assist agency heads in meeting their legal safety and health responsibilities under General Statutes 95‑148.

 

Section 3.  ADMINISTRATION

            (a)  Each agency head shall designate one employee as Safety Officer to be responsible for implementation of the State Employees' Work Place Requirements Program within the agency and development of additional safety and/or health procedures necessary to meet special situations that are unique to a particular agency.  The names of these individuals are to be forwarded to the State Personnel Director within 30 days from the date of this order.

            (b)  The State Personnel Director shall be responsible for establishing lines of communication between the individuals named by the agency heads and forming a "Safety Network" within State Government.  The Director shall also be responsible for coordinating needed training and technical assistance with the Occupational Safety and Health Division of the North Carolina Department of Labor, Health Services Division of the Department of Human Resources, North Carolina Industrial Commission and other technical resources of the State.

            (c)  Those agencies with existing safety and health programs and safety staff already in place are to review both sets of regulations to ascertain that the provisions of the State Employees' Work Place Requirements Program are covered by their existing programs, and if not, to make necessary modifications.

 

Section 4.  REPORTS AND RECORDS

            (a)  The State Personnel Director shall communicate with the Governor and the agency heads on the implementation and ongoing results of the Work Place Requirements Program and provide an annual analysis of injury and compensation statistics.

            (b)  In accordance with General Statute 95‑148, agency heads shall consult with the Commissioner of Labor regarding record keeping and shall make an annual report to the Commissioner of Labor with respect to occupational accidents and injuries.

 

Section 5.  PRIOR ORDERS

            All prior Executive Orders or portions of prior Executive Orders inconsistent are hereby repealed.

 

            This Order is effective the 20th day of May, 1985.

 

EXECUTIVE ORDER NUMBER 7

 

WOMEN'S ECONOMIC DEVELOPMENT ADVISORY COUNCIL

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  I hereby create and establish the North Carolina Women's Economic Development Advisory Council.  This Council will be composed of at least twelve (12) members who have distinguished themselves by their accomplishments in the private sector.  The membership of this Council will, to the extent practical, contain representatives from all major geographic areas of the State.  The members of this Council will be appointed by the Governor and will serve at the pleasure of the Governor.

 

            Section 2.  The Governor shall designate a Chairman from the membership of the Council.  The Council will meet at the call of the Chairman or the Secretary of Administration.

 

            Section 3.  The Women's Economic Development Advisory Council will have the duty to thoroughly explore opportunities for women in our economy; carefully evaluate those opportunities; and advise the Secretary of Administration and the Secretary of Commerce on strategic courses of action, consistent with the State's economic development philosophy, which will best promote and encourage equal opportunity and the advancement and integration of women into all aspects of North Carolina's economy.

 

            Section 4.  The Department of Administration shall provide the administrative support for this Council.

 

            Section 5.  Members of the Women's Economic Development Advisory Council shall be entitled to reimbursement for subsistence and travel expenses as may be generally authorized for members of State Boards and Commissions.

 

            Section 6.  This Executive Order is effective immediately and shall remain in effect until June 30, 1987, or unless terminated earlier or extended by further Executive Order.

 

            Done in the Capital City of Raleigh, North Carolina, this the twenty‑eighth day of June 1985.

 

EXECUTIVE ORDER NUMBER 8

 

GOVERNOR'S ADVISORY COMMITTEE ON TRAVEL AND TOURISM

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  I hereby establish the Governor's Advisory Committee on Travel and Tourism.

 

            Section 2.  The Governor shall appoint at least 15 persons to serve on the Advisory Committee.  Those persons appointed shall be representative of the various elements of travel and geographic regions of the state.  The Governor shall designate the Chairman of the Advisory Committee.  All members shall serve at the pleasure of the Governor.

 

            Section 3.  The Committee shall meet on a quarterly basis or as directed by the Governor or the Secretary of Commerce.

 

            Section 4.  The Committee shall perform such duties as assigned by the Governor and shall work closely and in coordination with the Travel and Tourism Committee of the North Carolina Economic Development Board of the Department of Commerce.

 

            Section 5.  While on official business, members of the Committee shall be entitled to such per diem and reimbursement for travel and subsistence as may be authorized for members of State Boards and Commissions generally.  The Secretary of the Department of Commerce shall provide funds for this purpose.

 

            Section 6.  Executive Order Number 46, dated March 14, 1980, is hereby rescinded.  All records of the Governor's Advisory Committee on Travel and Tourism created pursuant to said executive order, are transferred to the Advisory Committee created herein. The Advisory Committee herein shall be the successor to the Governor's Advisory Committee on Travel and Tourism.

 

            Section 7.  This Executive Order is effective immediately and shall remain in effect until June 30, 1987, unless terminated earlier or extended by further Executive Order.

 

EXECUTIVE ORDER NUMBER 9

 

NORTH CAROLINA PUBLIC TRANSPORTATION ADVISORY COUNCIL

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  There is hereby created and established the North Carolina Public Transportation Advisory Council.  The Advisory Council will be composed of twenty‑one members: one member from each of the fourteen highway divisions, five at large members, and the Secretary of the Department of Human Resources and the Department of Transportation.  The Governor shall appoint the nineteen lay members to serve at the pleasure of the Governor who shall represent a cross section of transportation interests. The Secretary of Transportation shall chair the Advisory Council.

 

            Section 2.  The Advisory Council shall have the following duties:

                                                                   (1)        To review and make recommendations to the Interagency Transportation Review Committee concerning guidelines and criteria for the Review Committee;

                                                                   (2)        To review and made recommendations to the funding agencies concerning project situations when there are unresolved problems between the Review Committee and the applicant or other local interests;

                                                                   (3)        To advise and make recommendations to the Board of Transportation concerning public transportation policy and expenditure of state and federal funds for public transportation; and

                                                                   (4)        To develop transportation policies which are consistent with promoting balanced economic growth.

 

            Section 3.  There is hereby created the North Carolina Interagency Transportation Review Committee.  The Review Committee will be composed of Representatives from the Departments of Education, Human Resources, Natural Resources and Community Development, and Transportation.  The Secretaries of the respective departments shall appoint a representative and an alternate from their departments who shall represent each funding agency.  The Director of the Public Transportation Division shall chair the Review Committee.

 

            Section 4.  The Review Committee shall have the following duties:

                                                                   (1)        To implement policy and apply criteria as developed by the Advisory Council;

                                                                   (2)        To provide written notice of recommendations based upon review of applications or plans to the appropriate state agency; and

                                                                   (3)        To review all transportation components of applications or plans requesting transportation funding when the funds are administered by a state agency.

 

            Section 6.  The Secretary of Transportation, after conferring with the appropriate departmental secretaries, shall have the final authority on all transportation funding decisions.

 

            Section 7.  To further the objectives of this Executive Order, all departments and agencies under the Governor's Jurisdiction shall immediately draft directives and procedures necessary to implement these policies.  Such drafts shall be submitted to the Secretary of Transportation for review and approval within 60 days of the signing of this Executive Order.

 

            Section 8.  Every agency within State Government within my authority is hereby directed to cooperate with the Council and Committee in providing all necessary information regarding their activities, and to disseminate the departmental directives and procedures within the agency which are necessary to implement this Executive Order.

 

            Section 9.  Executive Order Number 29, dated December 6, 1978 is hereby rescinded.  All records of the North Carolina Public Transportation Advisory Council created pursuant to said executive order, are transferred to the Council created herein. The Council herein shall be the successor to the North Carolina Public Transportation Advisory Council.

 

            Section 10.  This Order shall be effective immediately and shall remain in effect until June 30, 1987, unless terminated earlier or extended by further Executive Order.

 

            Done in the Capital City of Raleigh, North Carolina, this the twenty‑eighth day of June, 1985.

 

EXECUTIVE ORDER NUMBER 10

 

NORTH CAROLINA SMALL BUSINESS COUNCIL

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  I hereby establish the North Carolina Small Business Council.  The Council shall be composed of at least 20 members appointed by the Governor to serve at the pleasure of the Governor.  The Governor shall designate one of the members as Chairman.

 

            Section 2.  The Council shall meet at least once in each quarter and may hold special meetings at any time at the call of the Chairman, the Governor or the Secretary of Commerce.

 

            Section 3.  The members of the Council shall not receive any compensation, per diem, or reimbursement for travel and subsistence expenses for their services.

 

            Section 4.  Purposes of the Council.  The purposes of the North Carolina Small Business Council are as follows:

                                                                   (A)       To prepare and present recommendations to the Governor and General Assembly for changes in statutes, rules and regulations, including the state tax structure, which affect small businesses in North Carolina.

                                                                   (B)       To make recommendations to the Governor and General Assembly for new legislation, agency programs and other actions needed to assist small business growth and development.

                                                                   (C)       To assist the Small Business Development Section of the Business Assistance Division of the Department of Commerce in determining the need for programs for small businesses in education, training, marketing, funding resources, technological assistance and related areas.

                                                                   (D)       The Council is authorized to conduct interviews and solicit non‑confidential information to carry out the provisions of (A), (B) and (C) above.

 

            Section 5.  The Small Business Development Section of the Business Assistance Division of the Department of Commerce shall provide staff and support services for the Council.

 

            Section 6.  It shall be the responsibility of each Cabinet Department Secretary to make every reasonable effort for his or her department to cooperate with the North Carolina Small Business Council to carry out the provisions of this Order.

 

            Section 7.  The elected heads of the Council of State Departments are encouraged and invited to join in the provisions of this Order.  All services of the Council available to the Governor and his Cabinet under this Order shall be available to each of the heads of the Council of State Departments electing to participate.

 

            Section 8.  Executive Order Number 51, dated May 16, 1980, is hereby rescinded.  All records of the North Carolina Small Business Advocacy Council created pursuant to said executive order, are transferred to the Council created herein.  The Council herein shall be the successor to the North Carolina Small Business Advocacy Council.

 

            Section 9.  This Order shall be effectively immediately and shall remain in effect until June 30, 1987, unless terminated earlier or extended by further Executive Order.

 

            Done in the Capital City of Raleigh, North Carolina, this twenty‑eighth day of June, 1985.

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 10

NORTH CAROLINA SMALL BUSINESS COUNCIL

 

            By The authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  Lines 1 and 2 of Subparagraph (C) of Section 4 of Executive Order Number 10 are amended by deleting the words "Small Business Development Section of the Business Assistance Division" and inserting in lieu thereof "Small Business Development Division" and lines 1 and 2 of Section 5 of Executive Order Number 10 are amended by deleting the words "Small Business Development Section of the Business Assistance Division" and inserting in lieu thereof "Small Business Development Division."

 

            Section 2.  This amendment is made because the Business Assistance Division previously described has been replaced by the Small Business Development Division.

 

            This action effective the 25th day of July, 1985.

 

EXECUTIVE ORDER NUMBER 11

 

GOVERNOR'S ADVISORY COMMISSION ON MILITARY AFFAIRS

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  I hereby establish the Governor's Advisory Commission on Military Affairs.  The Commission shall be comprised of at least twenty‑five (25) members appointed by the Governor to serve for a term of two (2) years.  Membership shall consist of active and retired military personnel, State and local government officials and local citizens who have an interest in or relationship to the military community.  The Governor shall designate one of the members as Chairman.

 

            Section 2.  The Commission shall meet regularly at the call of the chairman and may hold special meetings at any time at the will of the Chairman or the Governor or the Secretary of Crime Control and Public Safety.  Support staff for the Commission shall come from the Department of Crime Control and Public Safety.

 

            Section 3.  The Commission shall have the following duties:

                                                                   (a)        Provide a forum for the discussion issues concerning major military installations in the State, active and retired military personnel and their families.

                                                                   (b)        Formulate goals and objectives which enhance cooperation and understanding between the military components, the communities, State and local governments, and the general public.

                                                                   (c)        Collect and study information related to supporting and strengthening the military presence within the State.

                                                                   (d)        Review proposed military affairs legislation.

                                                                   (e)        Advise the Governor on measures and activities which would support and enhance defense installations and military families within the State.

 

            Section 4.  Executive Order Number 80, dated April 30, 1982, is hereby rescinded.  All records of the Governor's Advisory Commission on Military Affairs created pursuant to said executive order, are transferred to the Commission created herein.  The Commission herein shall be the successor to the Governor's Advisory Commission on Military Affairs.

 

            Section 5.  This Order shall be effective immediately and shall remain in effect until June 30, 1987, unless terminated earlier or extended by further Executive Order.

 

            Done in the Capital City of Raleigh, North Carolina, this the twenty‑eighth day of June, 1985.

 

EXECUTIVE ORDER NUMBER 12

 

GOVERNOR'S HIGHWAY SAFETY COMMISSION

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  I hereby establish the Governor's Commission on Highway Safety.  The Commission shall be composed of at least twelve (12) members appointed by the Governor to serve at the pleasure of the Governor.  The Governor shall designate one of the members as Chairman.

 

            Section 2.  The Commission shall meet regularly at the call of the Chairman and may hold special meetings at any time at the call of the Chairman, the Governor or the Secretary of Transportation.

 

            Section 3.  Members of the Commission shall be reimbursed for such necessary travel and subsistence expenses as are authorized by N.C.G.S. 138‑5.  Funds for reimbursement of such expenses shall be made available from the Governor's Highway Safety Program.

 

            Section 4.  The Commission shall have the following duties:

                                                                   (a)        Establish statewide highway safety goals and objectives.

                                                                   (b)        Review and support proposed highway safety legislation.

                                                                   (c)        Collect, analyze, and distribute information related to highway safety.

                                                                   (d)        Survey public opinion, attitudes, and ideas on highway safety.

                                                                   (e)        Establish innovative highway safety programs and activities.

                                                                   (f)        Advise the Governor on ways to promote highway safety in North Carolina.

 

            Section 5.  Executive Order Number 56, dated October 30, 1980 is hereby rescinded.  All records of the Governor's Highway Safety Commission created pursuant to said executive order, are transferred to the Commission created herein.  The Commission herein shall be the successor to the Governor's Highway Safety Commission.

 

            Section 6.  This Order shall be effective immediately and shall remain in effect until June 30, 1987, unless terminated earlier or extended by further Executive Order.

 

            Done in the Capital City of Raleigh, North Carolina, this the twenty‑eighth day of June, 1985.

 

EXECUTIVE ORDER NUMBER 13

 

NORTH CAROLINA STATE HEALTH COORDINATING COUNCIL

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  I hereby create and establish under the auspices of the Department of Human Resources a new North Carolina Health Coordinating Council whose membership and functions are commensurate with the health planning needs of North Carolina.

 

            Section 2.  The North Carolina Health Coordinating council shall have the following duties and functions:

                                                                   (1)        Serve as a forum for hearing regional concerns and recommendations relating to health planning.

                                                                   (2)        Compile a list of state health needs and advise the Department of Human Resources.

                                                                   (3)        Advise the Department of Human Resources on issues related to state health needs, giving attention to local, regional and statewide needs.

                                                                   (4)        Review and comment on contents of documents related to health planning and make recommendations concerning them to the Secretary of Human Resources and the Governor.

                                                                   (5)        Advise the Department of Human Resources on cost effective mechanisms for achieving health needs.

                                                                   (6)        Advise the Department of Human Resources on the best use and coordination of available resources.

                                                                   (7)        Advise and make recommendations on legislative proposals relating to health needs, including budgetary issues.

 

            Section 3.  Membership:  The North Carolina Health Coordinating Council shall consist of not more than 23 members who shall be appointed by the Governor as follows:

            Academic Medical Centers                                  1

            Area Health Education Centers                            1

            Business and Industry (at least one                       2

             individual representing small business

             and one representing large business)

            Health Insurance Industry                                    1

            NC Association of County Commissioners 1

            NC Health Care Facilities Association                   1

            NC Hospital Association                          1

            NC Home Health Care Association                       1

            NC Medical Society                                            1

            NC House of Representatives                               1

            NC Senate                                                         1

            Other Health Professional Associations                 2

             (e.g., Nursing, Public Health, Dentistry,

             Pharmacy, Chiropractic, etc.)

            Regional Representation (To provide adequate       6‑8

             representation to all regions of the State.

             Emphasis should be on consumers of health

             care who are involved in health planning

             efforts at regional level, such as members

             of business/health coalitions or regional

             health planning councils)

            Veterans Administration (non‑voting)                   1

 

                                                                        Total     23

 

            Section 4.  Terms of Membership:  The terms of membership of the North Carolina Health coordinating council shall be staggered so that the terms of approximately one‑third of the members shall expire in a single calendar year.  Terms shall be staggered in the following manner for the first three years:

            seven serving one year,

            eight serving two years,

            eight serving three years.

After the first three years, each appointment shall be for a term of three years.

 

            Section 5.  Vacancies:  The Governor shall have the power to remove from office any member of the North Carolina Health coordinating council for misfeasance, malfeasance, or nonfeasance.  A vacancy occurring during a term of appointment is filled in the same manner as the original appointment and for the balance of the unexpired term.

 

            Section 6.  Travel expense:  Members of the Council shall receive necessary travel and substance expenses in accordance with the provisions of G.S. 138‑5.

 

            Section 7.  Chairman:  The Chairman and Vice Chairman of North Carolina Health Coordinating council shall be appointed by the Governor.  The term of office for the Chairman and Vice Chairman shall be two calendar years.  The Council may elect other such officers as it deems necessary.

 

            Section 8.  Meetings:  The Council shall meet quarterly and at other times at the call of the chairman or upon written request of at least ten (10) of its members.  All business meetings of the Council, its committees and subcommittees or special task forces shall be open to the public.

 

            Section 9.  Staff Assistance:  The Department of Human Resources shall provide clerical and other services required by the Council.

 

            Section 10.  Executive Order Number 91, dated February 28, 1983 is hereby rescinded.  All records of the North Carolina State Health Coordinating Council created pursuant to said executive order, are transferred to the Council created herein.  The Council herein shall be the successor to the North Carolina State Health Coordinating Council.

 

            Section 11.  This Order shall be effective immediately and shall remain in effect until June 30, 1987, unless terminated earlier or extended by further Executive Order.

 

            Done in the Capital City of Raleigh, North Carolina, this the twenty‑eighth day of June, 1985.

 

EXECUTIVE ORDER NUMBER 14

 

GOVERNOR'S TASK FORCE ON DOMESTIC VIOLENCE

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  I hereby establish the Governor's Task Force on Domestic Violence.

 

            Section 2.  The Governor shall appoint at least ten persons as members of the Task Force, who shall be representative of the various professions concerned with this problem, such as the medical, legal, social service, and mental health professions. In addition, the Governor shall appoint as members representatives from the Governor's Crime Commission, the Department of Crime Control and Public Safety, the Department of Justice, the Department of Administration, the Administrative Office of the Courts, the Department of Human Resources, the Department of Public Instruction, and the North Carolina Council on the Status of Women.  The Governor shall designate the Chairperson of the Task Force.  All members shall serve at the pleasure of the Governor.

 

            Section 3.  The Task Force shall meet on a quarterly basis or as directed by the Governor or Secretary of Administration.

 

            Section 4.  The Task Force shall perform such duties as assigned by the Governor and the Secretary of the Department of Administration, and shall work closely with the staff of the North Carolina Council on the Status of Women and the Governor's Crime Commission.  The Task Force shall have the following duties:

                                                                   (A)       To review and make recommendations for state government to coordinate agency activities in assisting victims of domestic violence;

                                                                   (B)       To evaluate and monitor the Domestic Violence Act and other laws in the area;

                                                                   (C)       To develop model programs for use by local communities; and

                                                                   (D)       To provide community education about domestic violence issues.

 

            Section 5.  While on official business, members of the Task Force shall be entitled to such per diem and reimbursement for travel and subsistence as may be authorized for members of State Boards and Commissions generally.  The North Carolina Council on the Status of Women shall provide the planning and administrative support for the Task Force.

 

            Section 6.  Executive Order Number 55, dated October 27, 1980, is hereby rescinded.  All records of the Governor's Task Force on Domestic Violence created pursuant to said executive order, are transferred to the Task Force herein.  The Task Force herein shall be the successor to the Governor's Task Force on Domestic Violence.

 

            Section 7.  This Order shall become effective immediately and shall remain in effect until June 30, 1987, unless terminated earlier or extended by further Executive Order.

 

            Done in Raleigh, North Carolina, this twenty‑eighth day of June, 1985.

 

EXECUTIVE ORDER NUMBER 15

 

JUVENILE JUSTICE PLANNING COMMITTEE

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  The membership of the Juvenile Justice Planning Committee, an adjunct committee of the Governor's Crime Commission, shall consist of twenty three (23) members selected as follows:

                                                                   (a)        The following fifteen (15) members shall serve by virtue of their membership in the Commission:

The two (2) citizens with knowledge of juvenile delinquency and the school system; the two (2) citizens under the age of 21; the representative of a "private" juvenile delinquency program; the citizen appointed at the discretion of the Governor; the judge of district court specializing in juvenile matters; one of the three county commissioners or county officials; one of the three police executives; the Secretary of Crime Control and Public Safety; the Secretary of the Department of Human Resources; the Superintendent of Public Instruction; the Administrator for Juvenile Services of the Administrative Office of the Courts; the Attorney General and the Director of Youth Services.

                                                                   (b)        The following seven (7) members shall be appointed by the Governor and serve at the pleasure of the Governor:

                                                                           Representatives of a business group or a business that employs youth; of a private organization that focuses on strengthening the family unit; parent groups; neglected or dependent children and delinquency prevention and treatment; of a local government youth serving agency; and two youth members under the age of twenty‑one, and who are or have been under the jurisdiction of the juvenile justice system.

                                                                   (c)        The Chairman of the Juvenile Law Study Commission appointed pursuant to North Carolina General Statute Section 7A‑740.

 

            Section 2.  This Order shall be effective immediately and shall remain in effect until June 30, 1989, unless terminated earlier or extended by further Executive Order.

 

            Done in the Capital City of Raleigh, North Carolina, this the twenty‑eighth day of June, 1985.

 

EXECUTIVE ORDER NUMBER 16

 

NORTH CAROLINA COUNCIL ON THE HOLOCAUST

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  I hereby establish the North Carolina Council on the Holocaust.  The purpose of the Council is to prevent future atrocities by developing a program of education and observance of the Holocaust.

 

            Section 2.  The Council shall consist of not more than 25 members appointed by the Governor to serve at the pleasure of the Governor. The Governor shall designate from among the membership the Chairman and Vice‑Chairman.

 

            Section 3.  Executive Order Number 63, dated April 29, 1981, is hereby rescinded.  All records of the North Carolina Council for the Holocaust created pursuant to said executive order, are transferred to the Council herein.  The Council herein shall be the successor to the North Carolina Council on the Holocaust.

 

            Section 4.  This Order shall become effective immediately and shall remain in effect until June 30, 1987, unless terminated earlier or extended by further Executive Order.

 

            Done in Raleigh, North Carolina, this twenty‑eighth day of June, 1985.

 

EXECUTIVE ORDER NUMBER 17

 

AMERICA'S FOUR HUNDREDTH ANNIVERSARY

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  Executive Order Number 88, dated November 9, 1985, which establishes county committees on America's 400th Anniversary, is hereby extended through and including December 31, 1987.

 

            Section 2.  This Order shall be effective immediately and shall remain in effect until June 30, 1987, unless terminated earlier or extended by further Executive Order.

 

            Done in the Capital City of Raleigh, North Carolina, this the twenty‑eighth day of June 1985.

 

EXECUTIVE ORDER NUMBER 18

 

EQUAL EMPLOYMENT OPPORTUNITY

 

            It is the policy of the State of North Carolina to provide equal employment opportunities for all state employees and for all applicants for state employment without regard to race, religion, color, national origin, sex, age or handicap.

            As an employer, the State has and continues to recognize the efficient and effective government requires the talents, skills and abilities of all available human resources.

            Policies have been adopted by the State Personnel Commission and equal employment opportunity program which emphasizes taking positive measures has been established to assure equitable and fair representation of all of our citizens.

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

            Section 1.  EQUAL EMPLOYMENT POLICIES AND PROGRAMS

            The State of North Carolina is committed to equal employment opportunity and the equal opportunity program to accomplish total equal employment in and throughout all aspects of its workforce.  The policies and programs that have been adopted by the Personnel Commission represent the commitment of the state and must be complied with fully.

 

            Section 2.  ADMINISTRATION

                                                               (A)       Agencies

                                                                           The head of each agency, department, commission or university is responsible for assuring that these policies and programs are implemented fully and successfully throughout their organizations.  Each agency head shall appoint an individual designated as the EEO Officer. State appointing authorities and other management personnel will take positive measures that are established by the State Personnel Director with approval of the State Personnel Commission to ensure that equal opportunity is available in all areas of employment activities including recruitment, hiring, testing, training, transfer, performance appraisal, promotion, demotion, compensation, termination, layoffs and other terms, conditions or privileges of employment.  Such measures shall be undertaken to improve the representation of women, minority group members, handicapped and older persons in and throughout all levels of the state's workforce.

                                                               (B)       Office of State Personnel

                                                                           The State Personnel Director is responsible for assisting management in achieving equal employment opportunity objectives through:  1) establishing policies, guidelines and programs with the Personnel Commission's approval; 2) evaluating and monitoring program effectiveness; and 3) providing technical assistance and training.

 

            Section 3.  REPORTS AND RECORDS

            The State Personnel Director shall communicate with the Governor and the agency heads on the implementation and results of the Equal Employment Opportunity program and provide an annual analysis of the program's progress.

 

            Section 4.  CITIZEN CONTRIBUTION

            The North Carolina Human Relations Council shall advise and assist the Governor and the Office of State Personnel in the implementation of the State's equal employment opportunity program, thereby assuring citizen contributions to the program.

 

            Section 5.  VETERANS PREFERENCES

            Nothing in this Order shall be construed to repeal or modify any Federal, State, territorial, or local laws, rules or regulations creating special rights or preferences for veterans.

 

            Section 6.  PRIOR ORDERS

            All prior Executive Orders or portions of prior Executive Orders inconsistent are hereby repealed.

 

            This Order is effective this first day of July, 1985.

 

EXECUTIVE ORDER NUMBER 19

 

GOVERNOR'S COMMISSION FOR RECOGNITION OF STATE EMPLOYEES

 

            The State of North Carolina is noted for having loyal, efficient, and dedicated employees who provide valuable services to every citizen of this great State.  The State of North Carolina is proud of this tradition of public service and wishes to recognize contributions made by these employees.

 

            Therefore, by the authority vested in me by the Constitution and laws of North Carolina, it is ORDERED:

 

            Section 1.  Establishment

            (a)  For the purpose of recognizing our employees, there is created the Governor's Commission for Recognition of State Employees.  The Commission shall be composed of five members appointed by the Governor.  The Chair of the Commission shall be selected by the Governor.  Each member shall be appointed for a term of two years and may be reappointed to the Commission.  Appointment to vacancies shall be made by the Governor for unexpired terms.  Initial appointments to the Commission shall expire June 30, 1987.

            (b)  The State Personnel Director or his designee within the Office of State Personnel shall serve as Secretary to the Commission.

 

            Section 2.  Duties

            The duties of the Commission are:

            (a)  Each year, to recommend to the Governor a week to be proclaimed as North Carolina State Employee Appreciation Week.

            (b)  Each year, to develop and carry out a program for recognizing outstanding employees who shall receive the Governor's Award of Excellence.  This program shall include criteria for awards, number of awards, methods of competition and selection, and shall provide for participation by every state department, agency, and institution.

 

            Section 3.  Administration

            (a)  The State Personnel Director shall provide administrative and clerical assistance to the Commission in the exercise of their duties.

            (b)  Funds necessary to develop and implement programs of the Commission shall be provided by the Office of State Personnel and participating departments, with cooperation and concurrence by the State Budget Director.

 

            This Order shall be effective and shall remain in effect until rescinded by Executive Order or superseded by legislation.

 

            This order is effective this 7th day of August, 1985.

 

EXECUTIVE ORDER NUMBER 20

 

WELLNESS IMPROVEMENT FOR STATE EMPLOYEES

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ordered:

 

Section 1.  ESTABLISHMENT

            (a)  There is established a program for Wellness Improvement for State Employees to meet State Government's responsibility to provide an environment conducive to positive health practices for State employees in all areas of the State.  State government, as an organization, provides an excellent vehicle for changing employees' lifestyle positively.  Healthy employees and programs that promote their health can help reduce increasing health benefit costs, absenteeism, and decreased productivity. Employees subject to the State Personnel Act as well as those exempt will be covered by this Program.

            (b)  The State Personnel Director is responsible for developing, coordinating, and implementing a program which will include, but not be limited to, concerns for:

                                                                   (1)        providing a working environment conducive to optimal health,

                                                                   (2)        improving employees' coping skills for occupational and day‑to‑day demands,

                                                                   (3)        improving employees' dietary patterns,

                                                                   (4)        improving employees' health through cardiovascular strengthening exercises,

                                                                   (5)        focusing on employees' responsibility for his or her own health, and

                                                                   (6)        utilizing available resources within State government and elsewhere to inform and educate personnel in all areas of health promotion.

 

Section 2.  FUNCTIONS

            (a)  The State Personnel Director shall develop a comprehensive Wellness Improvement for State Employees (WISE) Policy and Program for recommendation to the State Personnel Commission on or before November 15, 1985.

            (b)  Upon approval by the State Personnel Commission, the State Personnel Director shall implement and maintain the WISE Program which will be expanded to cover employees exempt from the State Personnel Act.

            (c)  The WISE Program will facilitate a combination of educational, organizational, and environmental activities designed to support behaviors conducive to the positive health of employees.

 

Section 3.  ADMINISTRATION

            (a)  Each agency head shall designate one employee as the WISE Program Coordinator to be responsible for implementation of the Program within the agency and development of additional healthful practices necessary to meet special situations and needs that are unique to a particular agency and its employees.  In addition, an advisory committee made up of these representatives shall be established.  The names of the above‑mentioned individuals are to be forwarded to the State Personnel Director within 45 days from the date of this order.

            (b)  The State Personnel Director shall be responsible for establishing lines of communication with the individuals named by the agency heads.  The Director shall also be responsible for coordinating needed training and technical assistance with the various resources that have been identified.

            (c)  Existing employee groups already practicing healthful activities within State government, are to be identified and incorporated into the WISE Program.

 

Section 4.  EVALUATION

            (a)  The evaluation will focus on the manner in which program activities are being carried out as well as immediate effects and ultimate outcomes of the Program.

 

            This Order is effective this third day of September, 1985.

 

EXECUTIVE ORDER NUMBER 21

 

STATE FAMILY PLANNING ADVISORY COUNCIL

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  I hereby establish the State Family Planning Advisory Council, to comply with Federal recommendations in accordance with Title X, Public Health Service Act that an advisory body consisting of consumer and agency representatives provide on‑going input to the administration of Title X grant funds.  The Council shall be advisory to the Family Planning Branch, Division of Health Services, North Carolina Department of Human Resources.

 

            Section 2.  The State Family Planning Advisory Council shall consist of not more than 30 members who shall be appointed by and serve at the pleasure of the Secretary of the Department of Human Resources.

 

            Section 3.  This Order shall become effective immediately and shall remain in effect until June 30, 1989, unless terminated earlier or extended by further Executive Order.

 

            Done in Raleigh, North Carolina, this third day of October, 1985.

 

Note:  Pursuant to G.S. 150B‑63 Effective January 1, 1986, the Executive Orders filed by the Governor are published in the NCAC.

 

EXECUTIVE ORDER NUMBER 22

 

TO IMPLEMENT CERTAIN ECONOMIES IN NORTH CAROLINA

STATE GOVERNMENT TO RESPOND TO FEDERAL LEGISLATION REQUIRING

A FEDERAL BALANCED BUDGET

 

            The United States Congress has enacted the Gramm‑Rudman‑Hollings balanced budget amendment to the federal debt ceiling limit bill (RL‑99‑177) requiring the federal government to reach a balanced budget by the fiscal year 1991.  Implementation of said Gramm‑Rudman‑Hollings amendment may reduce the federal budget authority for programs in North Carolina by an amount exceeding $200 million during fiscal years 1986 and 1987.  The Governor, as Director of the Budget, has the responsibility to maintain needed services within a balanced state budget during each fiscal period.

 

NOW, THEREFORE, by authority vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED:

 

            Section 1.  Effective January 8, 1986, and until further notice, vacant positions in the Executive Branch of State Government, except those for which prior commitments have been made, may not be filled without prior written approval of the Office of State Budget and Management.  This Order shall not apply to the employees of the 141 North Carolina local public school units and the 58 community colleges and technical institutions, nor shall it apply to those employees exempt from the State Personnel Act within the 17 educational institutions of the University of North Carolina.

 

            Section 2.  This Order shall become effective on January 8, 1986 and shall remain in effect until rescinded by Executive Order.

 

            This the 8th day of January, 1986.

 

EXECUTIVE ORDER NUMBER 23

 

GOVERNOR'S COUNCIL ON ALCOHOL AND DRUG ABUSE

AMONG CHILDREN AND YOUTH

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

Section 1.  ESTABLISHMENT

                                                               (a)        There is established a Governor's Council on Alcohol and Drug Abuse Among Children and Youth.

                                                               (b)        The Council shall consist of not more than twenty (20) persons who shall be appointed by the Governor.  The Governor shall designate the chairman of the Council.  All Council members shall serve at the pleasure of the Governor.

                                                               (c)        The persons appointed shall be citizens who have demonstrated interest, involvement or expertise in children and youth issues related to prevention, intervention and treatment of alcohol and drug abuse.

 

Section 2.  FUNCTIONS

                                                               (a)        The Council is authorized to meet regularly at the call of the Chairman, the Governor, or the Secretary of Human Resources.

                                                               (b)        In fulfilling its undertaking, the Council shall have the following duties relating to alcohol and drug abuse among children and youth:

                                                                   (1)        Review the General Statures of North Carolina applicable to substance abuse, including criminal and service delivery legislation and make recommendations concerning needed changes;

                                                                   (2)        Review and recommend mechanisms for the coordination of state and local resources for addressing identified needs;

                                                                   (3)        Conduct public hearings and advise the Governor and other appropriate state government departments and agency heads of the result and recommendations of the Council;

                                                                   (4)        Encourage local areas to identify an existing board, council or commission to mobilize resources to address substance abuse problems among this population;

                                                                   (5)        Encourage local boards, councils or commissions to develop an implementation plan to meet identified needs of this target population;

                                                                   (6)        Assist local boards, councils or commissions in identifying model prevention, intervention and treatment efforts;

                                                                   (7)        Encourage program activities that increase public awareness of youth substance abuse and strategies to decrease the problem, and

                                                                   (8)        Other such duties as assigned by the Governor or the Secretary of Human Resources.

 

Section 3.  ADMINISTRATION

                                                               (a)        The heads of the State departments and agencies shall, to the extent permitted by law, provide the Council information as may be required by the Council in carrying out the purposes of this Order.

                                                               (b)        The Department of Human Resources shall provide staff and support services as directed by the Secretary of Human Resources.

                                                               (c)        Members of the Council shall serve without compensation, but may receive reimbursement contingent on the availability of funds for travel and subsistence expenses in accordance with state guidelines and procedures.

                                                               (d)        The Council shall be funded by the Department of Human Resources and contributions received from the private sector.

 

Section 4.  REPORTS

                                                               (a)        The Council will present an annual report to the Governor and the Secretary of Human Resources.

                                                               (b)        Reports of recommendations may be submitted to the Governor and Secretary of Human Resources as deemed appropriate by the Chairman.

 

Section 5.  IMPLEMENTATION

            The Office of the Secretary of Human Resources will review reports and recommendations and take appropriate action.

 

Section 6.  PRIOR ORDERS

            All prior Executive Orders or portions of prior Executive Orders inconsistent herewith are hereby repealed.

 

            This Order is effective the 29th day of January, 1986.

 

EXECUTIVE ORDER NUMBER 24

 

GOVERNOR'S PROGRAM TO STRENGTHEN HISTORICALLY BLACK COLLEGES

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

Section 1.  ESTABLISHMENT

                                                                   (a)        There is established the Governor's Program to Strengthen Historically Black Colleges.

                                                                   (b)        The program to Strengthen Historically Black Colleges shall be administered by the Senior Education Advisor.

                                                                   (c)        The purpose of the program to Strengthen Historically Black Colleges is to advance the development of human potential in our State, to strengthen the capacity of Historically Black Colleges and Universities, to provide quality education, and to further establish the role and value of Historically Black Colleges and Universities to our State.

 

Section 2.  FUNCTIONS

                                                                   (a)        The program shall seek to achieve a significant increase in the participation by Historically Black Colleges and Universities in State sponsored programs.

                                                                   (b)        The program shall be administered to identify, reduce, and eliminate barriers which may have inadvertently resulted in reduced participation in, and reduced benefits from State sponsored programs by Historically Black Colleges and Universities.

                                                                   (c)        The program shall seek to involve business and industry in strengthening Historically Black Colleges.

 

Section 3.  ADMINISTRATION

                                                                   (a)        Each Cabinet Department and Executive agency, defined in G.S. 143B‑6, excepting the Department of Community Colleges, hereinafter referred to as Designated State Agencies, shall establish an annual plan to increase the ability of Historically Black Colleges and Universities to participate in State sponsored programs.  These plans shall have measurable objectives of proposed agency actions and shall be submitted at such time and in such form as the Governor shall designate.

                                                                   (b)        In consultation with the Designated State Agencies, the Senior Education Advisor shall undertake a review of these plans and develop an integrated Annual State Plan for assistance to Historically Black Colleges and Universities for consideration by the Governor and the Cabinet.

                                                                   (c)        The Senior Education Advisor shall provide each President and/or Chancellor of a Historically Black College or University in North Carolina and the President of the University of North Carolina an opportunity to comment on the proposed Annual State Plan prior to its consideration by the Governor.

                                                                   (d)        Each Designated State Agency shall submit to the Senior Education Advisor a mid‑fiscal year progress report of its achievement of the objectives set forth in its plan and such agency shall at the end of the fiscal year submit to the Senior Education Advisor an annual performance report which shall specify agency performance of its measurable objectives.

                                                                   (e)        The Secretary of Commerce, to the extent permitted by law, shall stimulate initiatives by private sector businesses and institutions to strengthen Historically Black Colleges and Universities, including efforts to further improve the management, financial structure and research of such Historically Black Colleges and Universities.

 

Section 4.  REPORTS

                                                                   (a)        The Senior Education Advisor after compliance with the requirements of this order, shall submit to the Governor and the Cabinet an Annual State Plan not later than June 30 of each year this order is in effect.

                                                                   (b)        Senior Education Advisor shall submit to the Governor an annual state performance report on each Designated State Agency's compliance with the Annual State Plan.  This report will include the performance appraisals of each Designated State Agency and will also include recommendations for improvements.

 

Section 5.  IMPLEMENTATION

                                                                   (a)        Prior to the development of the first Annual State Plan, the Senior Education Advisor shall supervise a special review by every Designated State Agency of its programs to determine the extent to which Historically Black Colleges and Universities are given an opportunity to participate in State Sponsored Programs.  The Designated State Agencies will examine unintended regulatory barriers, determine the adequacy of the announcement of programmatic opportunities of interest to these colleges and identify ways of increasing equity and advantage.

                                                                   (b)        The special review shall take place not later than April 30, 1986.

                                                                   (c)        Designated State Agencies shall submit their annual plans required by this order to the Senior Education Advisor not later than May 15, 1986.

                                                                   (d)        The first Annual State Plan for assistance to Historically Black Colleges and Universities shall be delivered to the Governor and the Governor's Cabinet by not later than June 30, 1986.

 

Section 6.  PRIOR ORDERS

            All prior Executive Orders or portions of prior Executive Orders inconsistent herewith are hereby repealed.

 

            This Order is effective the 13th day of February, 1986.

 

EXECUTIVE ORDER NUMBER 25

 

REGIONAL POLICY FOR NORTH CAROLINA

 

            In 1970, this State delineated boundaries for multi‑county planning and development regions and in 1971 a Lead Regional Organization was designated for each region to establish goals and objectives, and serve as the regional agent in dealing with state and federal agencies.  Thereafter, state agencies were instructed to utilize the Lead Regional Organization for planning, implementing, and coordinating programs which impact local governments.  The concepts of multi‑county planning regions and the Lead Regional Organization policy have been very effective in fostering intergovernmental coordination and cooperation and this Administration is committed to close cooperation with local governments and their agencies.  Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

Section 1.  ORGANIZATION

                                                                   (a)        A single Lead Regional Organization shall continue to exist in each of the eighteen multi‑county planning development regions or such larger or smaller number of regions as may be hereinafter delineated by the Department of Administration.

                                                                   (b)        The governing board of each Lead Regional Organization's membership composition, but such Lead Regional Organizations are urged to limit policy board representation to elected officials of the member local governments.

 

Section 2.  FUNCTIONS

                                                                   (a)        Lead Regional Organizations, whether Councils of Governments or Economic Development Districts shall have the same powers and duties specified for Councils of Governments in the General Statutes of North Carolina.

 

Section 3.  ADMINISTRATION

                                                                   (a)        In dividing the State for administrative and/or service delivery purposes, State agencies shall make subdivisions coterminous with the Lead Regional Organization boundary lines, or with combinations of such, unless it can be demonstrated that strict conformance would result in inefficiencies, or that the proposed subdivision bears no relationship to regional plans or activities.

                                                                   (b)        State agencies desiring to eliminate, re‑direct, or begin programs which impact local governments through Lead Regional Organizations are hereby directed to submit any proposed change or modification to the Local Government Advocacy Council for an advisory opinion prior to taking action.  New programs involving service delivery through the Lead Regional Organizations must have the approval of local governments affected.

                                                                   (c)        State financial support to Lead Regional Organizations should be limited to grants to carry our specific tasks which are imposed by State government, or tasks which involve a coordinated state‑wide activity which will be beneficial to both State and local governments.  State funds, if provided, shall not be utilized for general administrative support, nor shall they be utilized to supplant local funds.

                                                                   (d)        The determination of personnel procedures for Lead Regional Organizations shall be left to the discretion of local governments, and no State agency shall impose its personnel procedures on the Lead Regional Organizations.  Nothing in this section shall preclude the establishment of reasonable minimum education and experience standards for positions funded by a State agency, provided that such standards shall be no more stringent than those in use by State or Federal agencies for comparable positions.  The Lead Regional Organizations shall have complete autonomy in filling such positions from among applicants meeting those reasonable minimum standards.

 

Section 4.  MODIFICATION OF REGIONAL BOUNDARIES

                                                                   (a)        The Secretary of the Department of Administration is hereby charged with revising and implementing, if necessary, the existing guidelines dealing with the changing of regional boundary lines, in accordance with the following:

                                                                   (b)        Boundary changes shall not be considered unless a petition for change is received from one or more county boards of commissioners or from the governing bodies of one or more municipalities whose combined populations represent at least 50 percent of the county population.  No boundary change shall be made until after notice of such proposed change is given, and sufficient opportunity for public comment is provided.

                                                                   (c)        Any request for boundary change shall be acted upon within ninety (90) days of the receipt of a valid petition.

                                                                   (d)        Approved boundary changes shall be effective on July 1st of the following year, and must be announced at least ninety days prior thereto.

                                                                   (e)        A request for change which is not approved by the State shall not be reconsidered for a minimum period of three years from the date of disapproval.

 

Section 5.  PRIOR ORDERS

            All prior executive orders or portions of prior executive orders inconsistent herewith are hereby repealed.

 

            This order is effective this the 21st day of February, 1986.

 

EXECUTIVE ORDER NUMBER 26

 

EMERGENCY DROUGHT RELIEF

 

            The drought conditions which have prevailed recently throughout North Carolina have caused extensive damage to the State's agricultural resources.  I have determined that the damage has caused a state of emergency to exist and that it is so extensive that it exceeds the ability of local authorities to deal with it.  In response to this damage, and the threat of greater harm as a result of the loss of crops, and with the gracious assistance of several other states in the Union, I have developed "Operation Hay" to provide assistance to the farmers and livestock in our state.  Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

SECTION 1:  COORDINATING AGENCIES

            The Department of Commerce and the Department of Agriculture are designated as the Coordinating Agencies for "Operation Hay" and are jointly charged with the duty to implement every phase of the program, and shall work under the aegis of the State Emergency Response Team (S.E.R.T.), who shall provide staff, facilities and other support as may be required by the Coordinating Agencies.  The Departments of Commerce and Agriculture shall coordinate the efforts of all cooperating agencies in the receipt and distribution of hay and livestock feed products from other states.  These departments shall take care that this food and assistance is fairly distributed to the state's cattle and dairy farms.

 

SECTION 2:  COOPERATING AGENCIES

            The Departments of Crime Control and Public Safety, Transportation, Correction, Natural Resources and Community Development, and the Governor's Communication Office are hereby instructed to provide assistance, as directed, to the Coordinating Agencies.

            The National Guard and the Air National Guard are also directed to provide such services and assistance as the Coordinating Agencies shall require and as I shall approve.

            The North Carolina Extension Service, the Farm Bureau, The Grange, and the A.S.C.S. and the FmHA are requested to give full cooperation to the Coordinating Agencies in providing farm information, locating proper recipients, and such other services that may be helpful to the state's farmers.

 

SECTION 3:  OUT‑OF‑STATE VEHICLES USED IN TRANSPORT

            Vehicles which are transporting emergency supplies, hay, grain, farm supplies and other items to aid in the relief of this emergency and which are displaying valid license plates shall be permitted to carry the maximum weights as provided in N.C.G.S. 20‑118, not withstanding the local limit prescribed by the license procured for the vehicle.

            The vehicles described in this section are exempt from the vehicle registration and tax requirements in Article 36B, subchapter 5 of the North Carolina Revenue Laws.

            The Commissioner of the Division of Motor Vehicles of the Department of Transportation is directed to administer this section of this Order.

 

            This Order is effective immediately and shall remain in effect until rescinded.

 

            This the 23rd day of July, 1986.

 

EXECUTIVE ORDER NUMBER 27

 

NORTH CAROLINA FUND FOR CHILDREN AND FAMILIES COMMISSION

 

            The Governor's Commission on Child Victimization has determined that new programs are needed to assist, treat and rehabilitate victimized children and their families.  It is further made to appear that private funds are available to sponsor such programs.

 

            THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of North Carolina IT IS ORDERED:

 

SECTION 1.  ESTABLISHMENT

            The North Carolina Fund for Children and Families Commission is hereby established under the Office of the Governor.  The Commission shall administer the North Carolina Fund for Children and Families which shall provide resources for intervention and treatment for victimized children and their families.  The Commission shall be composed of five (5) members who will be appointed by the Governor to serve two (2) year terms plus the following three (3) cabinet officers or their designees who shall serve as ex‑officio members:  Secretaries of the Department of Administration, Department of Crime Control and Public Safety, and Department of Human Resources.  The Governor shall also appoint a Chairman of the Commission who, in the discretion of the Governor, may or may not be a member of the Commission.

 

SECTION 2.  FUNCTIONS

            (a)  The Commission shall meet regularly at the call of the Chairman and may hold special meetings at any time at the call of the Chairman or the Governor.

            (b)  The Commission shall have the following duties:

                                                                   (1)        Act as trustee for the North Carolina Fund For Children and Families.

                                                                   (2)        Assess the critical needs of victimized children and their families.

                                                                   (3)        Receive gifts, requests and devises for deposit and investment into the trust fund.

                                                                   (4)        Oversee investment of trust fund monies.

                                                                   (5)        Solicit proposals for programs which will be aimed at meeting identified service needs.

                                                                   (6)        Establish criteria for awarding of grants which shall include and emphasize the public‑private partnership concept.

                                                                   (7)        Fund programs that in the discretion of the Commission, effectively and efficiently treat and rehabilitate victimized children and their families.

                                                                   (8)        Present a report to the Governor at the end of each fiscal year.

                                                                   (9)        Make recommendations to the Governor for statewide replication of effective and efficient programs.

            (c)  The Commission is authorized to execute such additional documents, including trust agreements, as may be necessary in order to qualify contributions to the Fund as charitable donations under the Internal Revenue Code of 1954 and the corresponding sections of applicable State law.

 

SECTION 3.  ADMINISTRATION

            (a)  A staff consisting of a director and other support staff may be employed to carry‑out the duties and responsibilities of the Commission.  The staff shall report directly to the Chairman.

            (b)  Members of the Commission may be reimbursed for travel and subsistence expenses as authorized by G.S. 138‑5.  Funds for reimbursement shall come from the receipts of the trust.

            (c)  The administrative costs of the Commission shall be provided by the Governor's Office.

            (d)  All funds administered by the Commission shall be subject to audit by the State Auditor.

 

SECTION 4.  IMPLEMENTATION AND DURATION

            (a)  This order shall be effective immediately.

            (b)  This commission shall dissolve at the pleasure of the Governor. In the event of dissolution, the assets remaining in the fund will be turned over to one or more organizations which themselves are exempt as organizations described in Sections 501(c)(3) and 170(c)(2) of the Internal Revenue Code of 1954 or corresponding sections of any prior or future law, or to the Federal, State, or local government for exclusive public purposes.

 

            This 8th day of September, 1986.

 

EXECUTIVE ORDER NUMBER 28

 

PRIVATE DEVELOPMENT BONDS

 

            WHEREAS, Section 103(n) of the Internal Revenue Code 1954, as amended, established a Federal Volume Limitation upon the aggregate amount of Private Activity Bonds (also commonly referred to as "Industrial Development Bonds"), the interest upon which is exempt from federal income taxation, and

            WHEREAS, pursuant to powers of the Internal Revenue Code, a prior Governor of the State of North Carolina issued Executive Order 113 to establish one state wide Resource of the Federal Volume Limitations on "Private Activity Bonds" and to establish that the Resource be managed by the North Carolina Department of Commerce, and

            WHEREAS, this Resource has been managed so that the system represents a major advantage in the effort to locate new and better jobs in industry, and

            WHEREAS, this Resource has been managed so that existing industry has been assured that they could finance their expansions and create new and better jobs with Industrial Revenue Bonds, and

            WHEREAS, this Resource has also been adequate to finance the needs of North Carolina's airports, its student loan program, and municipal downtown development projects, and

            WHEREAS, the United States Congress currently has before it the Tax Reform Act of 1986, a proposed law which will establish (1) a new Unified Volume Limitation for tax‑exempt bonds which meet new definitions of "private activity" bonds, and (2) exact new delineations of such bonds to be included under these federal limitations as "private activity" bonds, and

            WHEREAS, Section 103(n)(6)(B) of the Tax Reform Act of 1986 will require a detailed inquiry and study into the ways in which North Carolina can best and most fairly manage and utilize this Resource,

 

NOW, THEREFORE IT IS HEREBY ORDERED:

 

SECTION 1.  DEFINITIONS

            For the purposes of this order, terms will be defined as follows:

            "Code" shall mean the Internal Revenue Code of 1954, as amended.

            "Committee" shall mean the Interim Private Activity Bond Allocation Committee to be formed under this order.

            "Issuer" shall mean the entity authorized to issue Private Activity Bonds, except that in the case of Private Activity Bonds issued pursuant to Article 22 of Chapter 160A of the General Statutes of North Carolina, or issued solely pursuant to regulations, rules, procedures or rulings of the Internal Revenue Service of the United States, "Issuer" shall mean the municipal corporation which approved the issuance of the bonds pursuant to such regulations, rules, procedures or rulings.

            "Private Activity Bonds" shall have the meaning set forth in Section 103(n)(7) of the Code and any successor provision.

            "Unified Volume Limitation" shall mean the total Bond Volume Limitation measured by the formula prescribed in federal legislation.

 

SECTION 2.

            The "Interim Private Activity Bond Allocation Committee" is hereby formed.  Howard Haworth, Secretary of the Department of Commerce, Charles C. Cameron, Executive Assistant to the Governor for Budget and Management, and Harlan E. Boyles, Treasurer of the State of North Carolina, shall constitute the membership of the committee.  Secretary Haworth shall serve as Chairman.  Each shall serve at the pleasure of the Governor and any vacancy may be filled by his appointment.  The Committee is to (1) prepare for, and lead efforts in, studying the ways in which the State can best use this valuable resource, and (2) deliver to me within 45 days after enactment of the Tax Reform Act of 1986 the summary of those studies along with a recommendation for a course of action.  In conducting this study, the Committee shall seek to identify all of those bond issuers to be affected by such legislation.  As of this date, it is believed that this group of private activity bonds and Interested Advisors to those issuers will include:

NC Agricultural Finance Agency

NC Association of County Commissioners

NC Downtown Developers Association

NC Educational Assistance Authority

NC Health Services Division (Soil & Hazardous Waste Section)

NC Housing Commission

NC Housing Finance Agency

NC Industrial Developers Association

Eastern NC Industrial Developers Association

Western NC Development Association

NC League of Municipalities

NC Local Government Commission

NC Department of Natural and Economic Resources (Mainstreet Program)

NC Municipal Power Agency No. 1

NC Eastern Municipal Power Agency

NC State Ports Authority

NC Utilities Commission

            The Committee shall request a statement from each issuer regarding its application for and its justification for specific volume capacity allocations for each of the years of 1986, 1987, 1988 and 1989.  As part of its deliberations, the Interim Private Activity Bond Allocation Committee shall prepare estimates of year by year Bond Volume demand and submit those estimates to various interested parties, including the Lieutenant Governor and the Speaker of the House of Representatives for comment and recommendations as to how the State of North Carolina can (1) set priorities for allocations of capacity, and (2) provide for complete utilization of the total resource.  Final recommendations to the Governor from the committee shall be directed toward (a) the immediate opportunity to completely use or "set aside" remaining elements of the 1986 resource by December 15, 1986, and (b) toward the design and implementation of the long term program for dealing with the volume capacity for the years of 1987, 1988 and 1989.

 

SECTION 3.

            So as to provide for the orderly and prompt issuance of bonds over the next several days, weeks and months, the Committee, or its designee, shall issue allocations of capacity within volume limitations and definitions set up under federal legislation and continue to issue such allocations or capacity until such time as the Governor shall issue a detailed Executive Order as regards the use of this resource.  Any allocation issued to comply with Section 103(n) of the Internal Revenue Code of 1954, as amended, shall be considered an allocation made under the Tax Reform Act of 1986, and under any future Executive Order from this office.

 

SECTION 4.

            This Executive Order shall become effective immediately.

 

            This 23rd day of September 1986.

 

EXECUTIVE ORDER NUMBER 29

 

GOVERNOR'S TASK FORCE ON RACIAL,

RELIGIOUS AND ETHNIC VIOLENCE

AND INTIMIDATION

 

            It is the policy of the State of North Carolina to protect the right of every person in the State to live and work in peace and to be free of violence and intimidation, irrespective of race, religion or ethnic origin.

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

            Section 1.  There is hereby established the Governor's Task Force on Racial, Religious and Ethnic Violence and Intimidation.

 

            Section 2.  The Task Force shall consist of eleven persons to be named by the Governor.  Each such person shall serve for a term beginning immediately and expiring December 31, 1988.

            The Chairperson of the Task Force shall be named by the Governor.  A Vice Chairperson and Secretary of the Task Force shall be elected by The Task Force members.

 

            Section 3.  The Task Force shall meet at least once a month, or as frequently as desired by the Task Force members.  The first meeting of the Task Force shall be held as soon as possible after the appointment of its members.

 

            Section 4.  The Task Force shall perform such duties as are assigned to it by the Governor and shall work closely with the staff of the North Carolina Human Relations Council.  The following shall be among its duties:

                                                                   (a)        Establish a uniform statewide system for reporting and recording incidents of racial, religious or ethnic violence and intimidation;

                                                                   (b)        Establish a statewide network through which information about hate group activity may be shared and used by organizations and agencies concerned with this problem;

                                                                   (c)        Establish a statewide assistance and support network for victims of racial, religious and ethnic violence and intimidation;

                                                                   (d)        Study present policies, procedures and laws concerning hate group activities and recommend changes or additions where necessary;

                                                                   (e)        Educate the public and law enforcement officials about racial, religious and ethnic violence and intimidation and provide counsel and advice to them in responding to hate group presence and activity.

 

            Section 5.  While on official business, members of the Task Force shall be entitled to such per diem and reimbursement for travel and subsistence as may be authorized for members of State Boards and Commissions generally.  The North Carolina Human Relations Council staff shall provide the planning and administrative support for the Task Force.

 

            Section 6.  This Order shall become effective immediately and shall remain in effect until modified or rescinded by further Executive Order.

 

            Done in Raleigh, North Carolina, the 2nd day of October, 1986.

 

EXECUTIVE ORDER NUMBER 30

 

AMENDMENT TO EXECUTIVE ORDER NUMBER ONE (1)

 

            Under Executive Order Number 1 issued on January 31, 1985, the North Carolina Board of Ethics was established to administer the Governor's requirements for public disclosure, ethics, and conflicts of interest.  It has been made to appear that in order to properly perform its duties, the Board of Ethics should be enlarged to seven (7) members.

 

            NOW, THEREFORE, IT IS ORDERED:

 

            Section 2 on page two (2) of Executive Order Number One dated January 31, 1985, is amended to read as follows:

 

Section 2.  North Carolina Board of Ethics. There is hereby established the North Carolina Board of Ethics consisting of seven (7) persons to be appointed by the Governor to serve at his pleasure.  The Governor shall, from time to time, designate one of the members as Chairman.  The members shall receive no compensation, but shall receive reimbursement for any necessary expenses incurred in connection with the performance of their duties pursuant to General Statute 138‑5.  The Board of Ethics shall not be considered a public office for the purpose of dual office holding.

 

Each and every other section of Executive Order Number One dated January 31, 1985, is continued in full force and effect.

 

      Done in Raleigh, this the 15th day of December, 1986.

 

EXECUTIVE ORDER NUMBER 31

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 28

 

            Under Executive Order Number 28 issued on September 23, 1986, the "Interim Private Activity Bond Allocation Committee" was formed and Howard Haworth, Secretary of the Department of Commerce, was made a member and Chairman of the Committee.  Howard Haworth having resigned from the position of Secretary of the Department of Commerce and from the Interim Private Activity Bond Allocation Committee and Claude E. Pope having been appointed Secretary of the Department of Commerce, it is appropriate to appoint him to the Interim Private Activity Bond Allocation Committee and for him to serve as Chairman.

 

            NOW, THEREFORE, IT IS ORDERED:

 

            Section 1.  The first three sentences of Section 2 on page 3 of Executive Order Number 28, dated September 23, 1986, are amended to read as follows:

 

            The "Interim Private Activity Bond Allocation Committee" is hereby formed.  Claude E. Pope, Secretary of the Department of Commerce, Charles C. Cameron, Executive Assistant to the Governor for Budget and Management, and Harlan E. Boyles, Treasurer of the State of North Carolina, shall constitute the membership of the Committee.  Secretary Pope shall serve as its Chairman.

 

            Section 2.  All other portions of Section 2 and of each and every other section of Executive Order Number 28, dated September 23, 1986, is continued in full force and effect.

 

            Done in Raleigh, North Carolina, this 21st day of January, 1987.

 

EXECUTIVE ORDER NUMBER 32

 

GOVERNOR'S LITERACY COUNCIL

 

            By authority vested in me as Governor by the Constitution and laws of North Carolina, it is ordered:

 

            Section 1.  ESTABLISHMENT

            There is hereby established in the Office of the Governor, the Governor's Literacy Council.  The Council shall be composed of not less than eleven (11) members appointed by the Governor to serve at the pleasure of the Governor.  The Governor shall designate one (1) of the members as chairman.  The members appointed by the Governor shall include the following:

 

The President of the Community College System,

The Superintendent of Public Instruction,

The Secretary of the Department of Cultural Resources,

A Representative from the Employment Security Commission,

A Representative from the North Carolina Literacy Council,

A Representative from the North Carolina University System,

A Representative from business and industry in North Carolina,

 

The President of the North Carolina Association of Independent Colleges and Universities, Two Representatives from the Governor's Office, and A Cabinet Officer from the Governor's Cabinet.

 

            Section 2.  FUNCTIONS

                                                                   (a)        The Council shall meet regularly at the call of the chairman and will hold special meetings at any time at the call of the chairman or the Governor.  The Council is authorized to conduct public hearings.

                                                                   (b)        The Council shall have the following duties:

                                                                        (1)        To serve as a forum for constituencies concerned with adult literacy.

                                                                        (2)        To facilitate coordination of programs and linkages between agencies, organizations and groups concerned with literacy.

                                                                        (3)        To identify issues, problems, and solutions for increasing literacy in North Carolina.

                                                                        (4)        To serve as an advisory group to the governor on problems and recommendations for eliminating illiteracy in North Carolina.

                                                                        (5)        To issue a report on or proposed solutions to state of literacy in North Carolina.

                                                                        (6)        Other duties as assigned by the Governor.

 

            Section 3.  ADMINISTRATION

                                                                   (a)        Support for the Council shall be provided by such departments and agencies as the Governor from time to time shall direct.

                                                                   (b)        Members of the Council shall be reimbursed for necessary travel and subsistence expenses authorized by General Statue 138‑5.  Reimbursements of such expenses shall be paid by such departments and agencies as the Governor from time to time shall direct.

 

            Section 4.  IMPLEMENTATION AND DURATION

                                                                   (a)        This order shall be effective immediately.

                                                                   (b)        The Council shall dissolve at the pleasure of the Governor but not later than February 1, 1989.

 

            This Order is effective this 16th day of February, 1987.

 

EXECUTIVE ORDER NUMBER 33

 

AMENDING EXECUTIVE ORDER NUMBER 1

EXTENDING EXPIRATION DATE OF EXECUTIVE ORDER NUMBER 1

TO JANUARY 29, 1989

 

            Executive Order Number 1 issued on January 31, 1985, and amended by Executive Order Number 30 expires on January 31, 1987.  It has been made to appear that this Executive Order should continue in effect.

 

            NOW, THEREFORE, IT IS ORDERED that Executive Order Number 1 dated January 31, 1985, is extended for two years up to and through January 29, 1989.

 

            This action is effective this the 30th day of January, 1987.

 

EXECUTIVE ORDER NUMBER 34

 

GOVERNOR'S PROGRAM TO ENCOURAGE BUSINESS ENTERPRISES

OWNED BY MINORITY, WOMEN AND DISABLED PERSONS

 

            It is my policy that the State of North Carolina shall enhance and promote economic opportunities for all of its citizens without regard to race, gender or handicap.

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

Section 1.  Establishment

                                                                   (A)       There is hereby established the Governor's Program to Encourage Business Enterprises Owned by Minority, Women and Disabled Persons.

                                                                   (B)       The Program shall be coordinated by the Governor's Director of Minority Affairs and administered by the Division of Purchase and Contract of the Department of Administration.

                                                                   (C)       The purposes of the Program are to enchance and promote economic opportunities for all of its citizens without regard to race, gender or handicap by:

                                                                        (1)        increasing the amount of goods and services acquired by the State from businesses owned by minorities, women and disabled persons;

                                                                        (2)        ensuring the absence of barriers that reduce participation of minorities, women and disabled persons in the State's purchasing process;

                                                                        (3)        encouraging the State's purchasing officers to identify prospective minorities, women and disabled vendors and service providers;

                                                                        (4)        promoting awareness among minorities, women and disabled persons of opportunities to do business with State government.

                                                                   (D)       The Program objective for fiscal 1986‑87 is for business owned by minorities, women and disabled persons to receive a minimum of four percent of the State's contract purchases.  By order of the Governor, this percentage may be increased on an annual basis.

 

Section 2.  Administration

                                                                   (A)       The Secretary of Administration shall provide assistance on a project basis to the Director of Minority Affairs.

                                                                   (B)       The Division of Purchase and Contract, Department of Administration shall assist each department in developing a plan and provide technical assistance to reach the set objectives.

                                                                   (C)       Each Department Head shall designate from the existing purchasing staff of such Department a coordinator for the Program.  The name of said designee shall be forwarded to the Director of Minority Affairs.

                                                                   (D)       The Minority Business Development Agency, Small Business Division of the Department of Commerce shall continue to certify that business enterprises owned by minorities, women and disabled persons are in fact owned by those classified entrepreneurs.  This agency shall also provide technical assistance to businesses interested in the Program.

                                                                   (E)       The Division of Purchase and Contract shall prepare and make available a directory of business enterprises owned by minorities, women and disabled persons firms to departmental personnel to facilitate the accomplishment of the Program.

 

Section 3.  Reporting and Evaluation

                                                                   (A)       The Director of Minority Affairs shall monitor and evaluate the Program and report on a quarterly basis to Department Heads.  The Director shall also conduct review meetings with all coordinating agencies and Department Heads on an as needed basis.

                                                                   (B)       The Division of Purchase and Contract shall report purchases and contract opportunities and purchase and contract awards on a monthly basis to the Director of Minority Affairs.

 

Section 4.  Prior Orders

All prior Executive Orders or portions of prior Executive Orders inconsistent herewith are hereby repealed.

 

This Order is effective the 27th day of February, 1987.

 

EXECUTIVE ORDER NUMBER 35

 

TRANSFERRING THE STATE INFORMATION PROCESSING SERVICES

(SIPS) TO THE OFFICE OF THE STATE CONTROLLER

 

            Article III, Section 5(10) of the constitution of North Carolina authorizes and empowers the Governor to make such changes in the allocation of offices and agencies and in the allocation of those functions, powers and duties as he considers necessary for efficient administration of State Government. N.C.G.S. 143B‑12 authorizes and empowers the Governor to assign or reassign the duties and functions of the Executive Branch among the principal State Departments.  The State Information Processing Services (SIPS), a Section of the Division of Governmental Operations of the Department of Administration created to provide those information processing services listed in N.C.G.S. 143‑341(9), the telecommunication services listed in N.C.G.S. 143‑340(14), and other related services to State Government, and to act as the staff of the Computer Commission established pursuant to N.C.G.S. 143B‑426.21, is currently under the supervision and control of the Secretary of the Department of Administration.

 

            NOW, THEREFORE, IT IS ORDERED:

 

            Section 1.  SUPERVISION

            The functions and powers of the Secretary of the Department of Administration relating to the administration of the State Information Processing Services (SIPS) are hereby transferred to the State Controller.  These functions, powers and duties include but are not limited to the authority to carry out the provisions of N.C.G.S. 143‑341(9), 143‑340(14), the staff and services provisions of 143B‑426.21, and any other duties that are currently or that may in the future be assigned to the State Information Processing Services (SIPS), either by statute or by agreement among the various State Departments, Commissions or other entities of State Government.

 

            Section 2.  EMPLOYEES

            State employees currently employed by the State Information Processing Services (SIPS) who are under the supervision of the Department of Administration are hereby transferred to the supervision of the Office of the State Controller.  Personnel transfers pursuant to this Order shall not affect an employee's pay grade, vacation leave, sick leave, retirement, or longevity.

 

            This Executive Order is effective March 4, 1987, and shall remain effective unless rescinded by further Executive Order.

 

            This the 4th day of March, 1987.

 

EXECUTIVE ORDER NUMBER 36

 

GOVERNOR'S TASK FORCE ON THE FARM ECONOMY IN NORTH CAROLINA

AND GOVERNOR'S ADVISORY COMMITTEE ON AGRICULTURAL PARKS

 

            By authority vested in me as Governor by the Constitution and Laws of North Carolina, it is ORDERED:

 

            Section 1.  There is hereby established the Governor's Task Force on The Farm Economy in North Carolina.

 

            Section 2.  The Governor shall appoint at least thirty (30) persons as members of the Task Force. Members shall include representatives from the various areas of North Carolina in order that all rural regions of the State shall be represented.  Members shall include representatives from:

                                                                   A.         Farmers engaged in the various aspects of farming practiced in North Carolina;

                                                                   B.         Food processors including seafood processors;

                                                                   C.         Wholesale and retail vendors of food in North Carolina.

                                                                   D.         Bankers; and

                                                                   E.         Representatives from colleges and universities involved in rural economic development.

            In addition to those representatives set forth above, the following State agencies shall be represented by one or more members who shall serve as ex‑officio advisors to the Task Force, as designated by the Governor:  Department of Commerce, Department of Transportation, Department of Natural Resources and Community Development, State Budget Office, and Employment Security Commission.

            The Governor shall designate the Chairman of the Task Force and all members shall serve at the pleasure of the Governor.

 

            Section 3.  The Task Force shall meet in Raleigh monthly or more often as directed by the Chairman.  The Chairman is authorized to convene meetings or conduct hearings outside of Raleigh where he deems appropriate.

 

            Section 4.  The Task Force shall have the following responsibilities:

                                                                   A.         Assess immediate  problems facing the farm economy in North Carolina and develop proposals for immediate action to solve those problems.

                                                                   B.         After consultation with the Governor's Advisory Committee on Agricultural Parks, make recommendations to the Governor for the development of agricultural parks in all sections of North Carolina.

                                                       C.         Develop a comprehensive strategy to further the development of food processing in North Carolina.

                                                                   D.         Review and make recommendations to coordinate State agencies' activities with local rural leaders in improving the farm economy in North Carolina.

 

            Section 5.  There is hereby established a Governor's Advisory Committee on Agricultural Parks.

 

            Section 6.  The Governor shall appoint at least seven (7) persons as members of the Committee.  The Governor shall designate the Chairman of the Committee; all members shall serve at the pleasure of the Governor.

 

            Section 7.  The Advisory Committee shall meet monthly in Raleigh or more often as directed by the Chairman.  The Chairman may convene meetings or conduct hearings outside of Raleigh when he deems appropriate.

 

            Section 8.  The Committee shall study the feasibility of developing agricultural parks in all sections of North Carolina and present its findings to the Govern or's Task Force on The Farm Economy in North Carolina.

 

            Section 9.  The Department of Commerce shall provide necessary staffing and administrative support for the Task Force and the Advisory Committee, including per diem travel and subsistence for members of the Task Force and the Advisory Committee. Other State departments and agencies shall assist the Task Force in its undertakings by rendering such technical advice and assistance to it as from time to time is requested.

 

            Section 10.  Members of the Task Force and Advisory Committee shall be entitled to such per diem and reimbursement for travel and subsistence expense as may be authorized for members of state boards and commissions generally.

 

            Section 11.  This Order shall become effective immediately and shall remain in effect until terminated by further Executive Order.

 

            Done in Raleigh, North Carolina, this 6th day of March, 1987.

 

EXECUTIVE ORDER NUMBER 37

 

NORTH CAROLINA RESPONSE TO AND MANAGEMENT OF FEDERAL RESTRICTIONS

ON PRIVATE ACTIVITY BONDS AND LOW‑INCOME HOUSING TAX CREDITS

 

            As Governor of North Carolina it has been made to appear to me upon satisfactory information furnished to me as follows:

                                                                   1.         The Tax Reform Act of 1984 established a federal volume limitation on the aggregate amount of "private activity bonds" that may be issued by each state.  The interest on private activity bonds is exempt from federal income taxation.

                                                                   2.         Pursuant to Section 103(n) of the Internal Revenue Code of 1954 as amended, a previous Governor of North Carolina issued Executive Order 113 proclaiming a formula for allocating the federal volume limitation for North Carolina.

                                                       3.         On October 22, 1986, the Tax Reform Act of 1986, hereinafter referred to as the "Act" was enacted.

                                                                   4.         The Act establishes (a) a new unified volume limitation for private activity bonds on a state by state basis, (b) a new definition of the types of private activity bonds to be included under those new limitations, (c) a new low‑income housing credit to induce the construction of and the improvement of housing for low‑income people, and (d) limits the aggregate use of this low‑income housing credit on a state by state basis.

                                                                   5.         The Act provides for federal formulas for the allocation of these "state by state" resources, and also provides that individual states may, within certain limitations, provide different allocation formulas.

                                                                   6.         The Act gives interim authority for the Governor of each state to formulate and execute plans for allocation.

                                                                   7.         Section 146 of the Internal Revenue Code of 1986, as amended, and Section 42 of the Internal Revenue Code of 1986 as amended will require continued inquiry and study in the ways in which North Carolina can best and most fairly manage and utilize resources provided therein.

 

            NOW, IT IS THEREFORE ORDERED, pursuant to the authority vested in me by the laws and the Constitution of North Carolina:

 

            Section 1.  ESTABLISHMENT.

            The North Carolina Federal Tax Reform Allocation Committee, hereinafter referred to as the "Committee", is hereby established.  The Committee is a continuation of the Interim Private Activity Bond Allocation Committee established under Executive Order 28 and amended under Executive Order 31.  The Secretary of the Department of Commerce, the Executive Assistant to the Governor for Budget and Management and the State Treasurer shall constitute the membership of this Committee.  The Secretary of the Department of Commerce shall serve as Chairman of the Committee.

 

            Section 2.  DUTIES.

            The Committee shall have the following duties:

                                                                   A.         Manage the allocation of tax exempt private activity bonds and low‑income housing credits and receive advice from bond issuers, elected officials, and the General Assembly.

                                                                   B.         Continue to monitor bond markets, economic development financing trends, housing markets, and tax incentives available to induce events and programs favorable to North Carolina, its cities and counties, and individual citizens, and

                                                                   C.         Continue to study the ways in which North Carolina can best and most fairly manage and utilize the allocation of private activity bonds and low income housing credits.

                                                                   D.         Report to the Governor,Lieutenant Governor and the Speaker of the House of the General Assembly as requested and on not less than an annual basis.

                                                                   E.         Make the State Certification as described in Section 149(e) of the Internal Revenue Code of 1986, as amended, and may designate an individual to make this certification.

 

            Section 3.  ALLOCATION.

            To provide for the orderly and prompt issuance of private activity bonds and the use of low income housing credits there are hereby proclaimed formulas for allocating the unified volume limitation and the state housing credit ceiling.  The unified volume limitation and the state housing credit ceiling each shall be considered as a single resource to be allocated under this Executive Order.  The Committee shall issue allocations of the unified volume limitation and shall issue allocations of the state housing credit ceiling.  The Committee shall set forth procedures for making such allocations and in the making of such allocations shall take into consideration the best interest of the State of North Carolina with regard to the economic development and general prosperity of the people of North Carolina.

 

            Section 4.  EFFECTIVE DATE AND EXPIRATION DATE.

            This Executive Order shall become effective immediately and will expire February 1, 1989.

 

            This the 13th day of March, 1987.

 

EXECUTIVE ORDER NUMBER 38

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 32

 

            By authority vested in me as Governor by the Constitution and laws of North Carolina, it is ordered:

 

            Section 1.

            The Governor's Literacy Council was established pursuant to Executive Order Number 32, on the 16th day of February, 1987.

 

            Section 2.

            The Title of the Council formed by Executive Order 32 is hereby changed to the Governor's Commission on Literacy.

 

            Section 3.

            All other sections and provisions of Executive Order 32 shall remain in effect.

 

            This order is effective this 12th day of March, 1987.

 

EXECUTIVE ORDER NUMBER 39

 

BOARD OF TRUSTEES OF THE NORTH CAROLINA PUBLIC

EMPLOYEE DEFERRED COMPENSATION PLAN

 

            Executive Order Number 109, executed on July 31, 1984, expired on July 30, 1986, in accordance with N.C.G.S. 147‑16.2. This Executive Order established the Board of Trustees of the North Carolina Deferred Compensation Plan and the guidelines under which the plan was to be administered.  The Deferred Compensation Program is an important part of the financial planning and security of the public employees of the State of North Carolina.

 

            NOW, THEREFOR, IT IS HEREBY ORDERED:

 

            Section 1.  ESTABLISHMENT.

            Pursuant to NCGS 143B‑426.24, there is hereby established a Board of Trustees of the North Carolina Public Employee Deferred Compensation Plan, which shall assume all authority, responsibilities and functions of the Board established on July 31, 1984, by Executive Order Number 109.

 

            Section 2.  MEMBERSHIP AND FUNCTIONS.

            The membership of the Board and its duties shall be as provided in N.C.G.S. 143B‑426.24.  The terms of the members shall be as provided in;  N.C.G.S. 143B‑426.24.  The Secretary of Administration shall supply the Board with all administrative, legal, financial and personnel services that may be required by the Board.  Guidelines for the funding for these services will be supplied by the Secretary of Administration as provided in N.C.G.S. 143B‑426.24(1) and (m).

 

            This Order shall be effective immediately.

 

            Done in Raleigh, North Carolina, this the 16th day of March, 1987.

 

EXECUTIVE ORDER NUMBER 40

 

GOVERNOR'S COMMISSION FOR THE FAMILY

 

            The foundation of our great State is in jeopardy because of increasing threats to the family unit related to social, economic, health, stress and other factors.

            The State of North Carolina must carefully consider ways government policies contribute to the problems which cause the weakening and break‑up of the traditional family unit, in addition to promoting positive means of strengthening our nation's families.

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ordered:

 

            Section 1.  ESTABLISHMENT

            The Governor's Commission For the Family is hereby established.  The Commission shall be composed of at least twenty and not more than thirty members appointed by the Governor to serve at the pleasure of the Governor.  The Governor shall designate one of the members as Chairman and one as Vice‑Chairman.  The Secretaries of the Departments of Human Resources, Natural Resources and Community Development, Administration, Crime Control and Public Safety, and Cultural Resources shall be ex‑officio members.  The members appointed by the Governor shall be representatives from the following areas:

                                                                   (1)        Private business and community leaders;

                                                                   (2)        Law Enforcement;

                                                                   (3)        At least one representative of the North Carolina and for Children and Families Commission;

                                                                   (4)        Judicial System; and

                                                                   (5)        Volunteers who have exhibited an interest in family issues.

 

            Section 2.  FUNCTIONS

                                                                   (1)        The Commission shall meet regularly at the call of the regularly at the call of the chairman or the Governor.  The Commission is authorized to conduct public hearings if it deems them to be necessary.

                                                                   (2)        The Commission shall have the following duties:

                                                                        (a)        Heighten public awareness of the need to strengthen families at the community level by involving civic, cultural, religious, and governmental leaders;

                                                                        (b)        Work with other groups interested in reducing economic stress for families;

                                                                        (c)        Review state laws, policies, and programs which have impact on families;

                                                                        (d)        Foster neighborhood development supportive of families (e.g. community‑wide after‑school and summer cultural recreational and sports programs, using public/private partnership approach);

                                                                        (e)        Advocate for education and support programs for all first‑time parents and for families under stress because of disabilities and illnesses affecting family members;

                                                                        (f)        Advocate for workplace programs and policies supportive of families;

                                                                        (g)        Encourage private sector involvement and help to coordinate private groups and business activity in various areas identified as needs in today's society;

                                                                        (h)        Consider new prevention, intervention, and treatment programs designed to assist families, including health and safety issues;

                                                                        (i)         Review existing family strengthening activities within and outside North Carolina;

                                                                        (j)         Encourage the enforcement and further development of laws affecting abuse of children, spouses, and senior citizens;

                                                                        (k)        Coordinate the implementations of the recommendations of the Governor's Commission on Child Victimization;

                                                                        (l)         Work closely with the Judicial Coordinating Councils;

                                                                        (m)       Advocate for more adequate training about the prevention of family violence among professions in human services, law enforcement, and the judiciary;

                                                                        (n)        Encourage the use of volunteers in all programs involving families; and

                                                                        (o)        Work with the North Carolina Fund for Children and Families Commission.

 

            Section 3.  ADMINISTRATION

            In support of the Commission, a staff of three will be created:

                                                                   (1)        An Executive Director, Deputy Director, and Administrative Secretary shall be appointed by the Secretary of the Department of Human Resources and serve at his pleasure. Funds shall be authorized and made available by the Department of Human Resources with possible assistance from other departments.

                                                                   (2)        Members of the Commission may be reimbursed for necessary travel and subsistence expenses as authorized by N.C.G.S. 138‑5.  Funds for reimbursement of such expenses shall be made available from funds authorized by the Department of Human Resources.

 

            Section 4.  IMPLEMENTATION AND DURATION

                                                                   (1)        This order shall be effective immediately.

                                                                   (2)        The Commission shall dissolve at the pleasure of the Governor, but no later than September 30, 1988.

 

            Done in Raleigh, North Carolina, this 16th day of March, 1987.

 

EXECUTIVE ORDER NUMBER 41

 

GOVERNOR'S TASK FORCE ON DEVELOPMENT OF

PRIVATE SEED VENTURE CAPITAL SOURCES

 

            By authority vested in me as Governor by the Constitution and laws of North Carolina it is ordered:

 

            Section 1.

                                                                   (a)        There is hereby established the Governor's Task Force on the Development of Private Seed Venture Capital Sources.

                                                                   (b)        The Task Force shall consist of not less than twelve members who shall be appointed by the Governor. The Governor shall designate the chairman of the Task Force and all Task Force members shall serve at the pleasure of the Governor.

                                                                   (c)        Persons appointed shall be citizens who have demonstrated interest, involvement, or expertise indevelopment of sources of venture capital.

 

            Section 2.

                                                                   (a)        The Task Force is authorized to meeting regularly at the call of the chairman, the Governor, or the Secretary of the Department of Commerce.

                                                                   (b)        The Task Force shall have the following duties:

                                                                        1.         Determine the necessary steps to encourage development in North Carolina of a private seed venture capital fund, including any legislative changes.

                                                                        2.         Review and recommend mechanisms for coordination of available sources of private seed venture capital with identified needs for private seed venture capital.

                                                                        3.         Such other duties as may be assigned by the Governor or the Secretary of the Department of Commerce.

 

            Section 3.  ADMINISTRATION

                                                                   (a)        Heads of the State Departments and Agencies shall, to the extent permitted by law, provide the Task Force information as may be required by the Task Force in carrying out the purpose of this order.

                                                                   (b)        The Department of Commerce shall provide staff and support services as directed by the Secretary of the Department of Commerce.

                                                                   (c)        Members of the Task Force shall serve without compensation, but may receive reimbursement contingent on the availability of funds for travel and subsistence expenses in accordance with state guidelines and procedures.

 

            Section 4.  REPORTS

            The Task Force shall present a report of recommendations to encourage development of a private seed venture capital fund to the Governor and the Secretary of the Department of Commerce by not later than the 1st day of September, 1987.

 

            Section 5.  PRIOR ORDERS

            All prior executive orders or portions of prior executive orders inconsistent herewith are hereby repealed.

 

            This order is effective this the 20th day of March, 1987.

 

EXECUTIVE ORDER NUMBER 42

 

STATE BUILDING COMMISSION

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

                                                                   (a)        A State Building Commission is created within the Department of Administration to assist the Secretary of Administration in developing procedures to guide the State's capital facilities development and management program.

                                                                   (b)        The Commission shall consist of twelve members appointed by the Governor and qualified as follows:

                                                                        (1)        The Secretary of the Department of Administration who shall serve as Chairman.

                                                                        (2)        The State Budget Officer.

                                                                        (3)        A licensed architect whose primary practice is in the design of buildings.

                                                                        (4)        A registered engineer whose primary practice is in the design of engineered systems for buildings.

                                                                        (5)        A licensed building contractor whose primary business is in the construction of buildings.

                                                                        (6)        A licensed electrical contractor whose primary business is in the installation of electrical systems for buildings.

                                                                        (7)        A licensed real estate broker, or other person, whose primary business is in property and facilities management.

                                                                        (8)        A licensed mechanical contractor whose primary business is in the installation of mechanical systems for buildings.

                                                                        (9)        A manager of physical plant operations whose responsibilities are in the operations and maintenance of physical facilities.

                                                                        (10)      A certified planner whose primary practice is in urban design and land use planning.

                                                                        (11)      A public member who is knowledgeable in building construction or building maintenance.

                                                                        (12)      The Chairman of the Capital Building Authority.

            In appointing members (3) through (10) the Governor shall seek and consider nominations from the professional associations, councils or institutes representing the various disciplines or professions.

            The terms of the Secretary of the Department of Administration and the State Budget Officer shall be coterminous with their terms of office.  The other 10 members shall be appointed for staggered two‑year terms: Provided, however, the initial terms of members appointed pursuant to subdivisions (3), (5), (7), (9) and (11) shall expire June 30, 1990, and the initial terms of members appointed pursuant to (4), (6), (8), (10) and (12) shall expire June 30, 1989.  Members may serve no more than six consecutive years.

            Vacancies in appointments shall be filled by the Governor for the remainder of any unexpired terms.  Persons appointed to fill vacancies shall qualify in the same manner as persons appointed for full terms.

                                                                   (c)        The Commission shall meet at least four times a year on or about January 15, April 15, July 15 and October 15, and upon the call of the chairman.

                                                                   (d)        Members of the Commission shall be reimbursed for travel and subsistence as provided in G.S. 138‑5.  Members who are State officers or employees shall be reimbursed for travel and subsistence as provided in G.S. 138‑6.

                                                                   (e)        The State Building Commission shall have the following duties:

                                                                        (1)        To assist the Office of State Construction in developing an inventory of the State's buildings and their current conditions, identify future building needs and develop a statewide building and maintenance program to meet the current and future needs of the State and its agencies and institutions.

                                                                        (2)        To propose procedures to the Secretary of the Department of Administration for evaluating the work performed by designers and contractors on State capital improvement projects.

                                                                        (3)        To provide advice and assistance to the Capital Building Authority in establishing and implementing procedures and criteria for the selection of designers based on qualifications and experience to be applicable to all capital improvement projects.

                                                                        (4)        To propose rules to the Secretary of the Department of Administration for coordinating the plan review, approval and permit process for State capital improvement projects.

                                                                        (5)        To propose rules to the Secretary of the Department of Administration for establishing a post‑occupancy evaluation, annual inspection and preventive maintenance program for all State buildings.

                                                                        (6)        To study and recommend ways to the Secretary of the Department of Administration to improve the effectiveness and efficiency for the planning, design, construction and operation of State facilities and acquisition, allocation, disposition and management of State‑owned properties.

                                                                        (7)        To perform any other duties that may be assigned by the Governor.

                                                                   (f)        As used herein, "State Capital improvement project" means the construction of and any alteration, renovation, or addition to State buildings, as defined in G.S. 143‑336, for which State funds, as defined in G.S. 143‑1, are used and which is required by G.S. 143‑129 to be publicly advertised.

                                                                   (g)        The Office of State Construction of the Department of Administration shall provide staff assistance to the State Building Commission.

                                                                   (h)        The Director of the Office of State Construction shall be a registered engineer or licensed architect appointed by the Secretary of the Department of Administration who is technically qualified by educational background and professional experience in building design, construction, or facilities management.

 

            Done March 23, 1987.

 

EXECUTIVE ORDER NUMBER 43

 

NORTH CAROLINA EMERGENCY RESPONSE COMMISSION

 

            The Emergency Planning and Community Right‑to‑Know Act of 1986 enacted by the United States Congress, requires the Governor of each state to appoint a State Emergency Response Commission.

            NOW, IT IS THEREFORE ORDERED, pursuant to the authority vested in me by the laws and the Constitution of North Carolina and the laws of the United States:

 

            Section 1.  ESTABLISHMENT

            There is hereby established the North Carolina Emergency Response Commission, hereinafter referred to as the "Commission."  The Commission shall consist of not less than eight members and shall be composed of at least the following persons:

 

The Secretary of the Department of Crime Control and Public Safety or his designee;

A representative of the Environmental Management Commission appointed by the Secretary of the Department of Natural Resources and Community Development;

A representative of the Radiation Protection Commission appointed by the Secretary of the Department of Human Resources;

A representative of the Health Services Commission appointed by the Secretary of the Department of Human Resources;

The Commissioner of the Department of Labor or his designee;

The Secretary of the Department of Transportation or his designee;

A representative of the North Carolina Association of County Commissioners appointed by the Governor;

A representative of the North Carolina Association of County Commissioners appointed by the Governor;

Such other persons as who have technical expertise in the emergency response field and are appointed by the Governor.

 

            The Secretary of the Department of Crime Control and Public Safety or his designee shall serve as chairman of the Commission and all members of the Commission shall serve at the pleasure of the Governor.

 

            Section 2.  DUTIES

            The Commission is designated as the State Emergency Response Commission as described in the Act and shall perform all duties required of it under the Act, including, but not limited to the following:

                                                                   (a)        Appoint local emergency planning committees described under Section 301(c) of the Act and supervise and coordinate the activities of such committees.

                                                                   (b)        Establish procedures for reviewing and processing requests from the public for information under Section 324 of the Act.

                                                                   (c)        Designate emergency planning districts to facilitate preparation and implementation of emergency plans as required under Section 301(b) of the Act.

                                                                   (d)        After public notice and opportunity for comment, designate additional facilities that may be subject to the Act under Section 302 of the Act.

                                                                   (e)        Notify the Administrator of the Environmental Protection Agency of facilities subject to the requirements of Section 302 of the Act.

                                                                   (f)        Review the emergency plans submitted by local emergency planning committees and make recommendations to the committees on revisions of the plans that may be necessary to ensure coordination of such plan with emergency response plans of other emergency planning districts.

 

            Section 3.  ADMINISTRATION

                                                                   (a)        The Department of Crime Control and Public Safety shall provide administrative support and staff as may be required.

                                                                   (b)        Members of the Commission shall serve without compensation but may receive reimbursement, contingent on the availability of funds, for travel and subsistence expenses inaccordance with state guidelines and procedures.

 

            Section 4.  EFFECTIVE DATE AND EXPIRATION

            This executive order shall become effective immediately and will expire in accordance with North Carolina law two years from the date it is signed.  It is subject to reissuance at expiration.

 

            Done in the Capital city of Raleigh, this the 7th day of April, 1987.

 

EXECUTIVE ORDER NUMBER 44

 

AMENDMENT TO EXECUTIVE ORDER 29

GOVERNOR'S TASK FORCE ON RACIAL,

RELIGIOUS AND ETHNIC VIOLENCE AND INTIMIDATION

 

            The Governor's Task Force on Racial, Religious and Ethnic Violence and Intimidation was established under Executive Order Number 29 on the 2nd day of March, 1986 and provided that it was to consist of eleven (11) members.  It has been made to appear to me that the Task Force should consist of not less than twelve (12) members and should include at least one American Indian.

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 2 of Executive Order 29 is hereby amended to read as follows:

 

Section 2.  The Task Force shall consist of not less than twelve persons to be appointed by the Governor for a term to begin upon appointment and expiring on December 31, 1988.  The membership of the Task Force shall include at least one American Indian.  The Chairman of the Task Force shall be appointed by the Governor and the Vice‑Chairman and Secretary of the Task Force shall be elected by the members of the Task Force.

 

            All other sections and provisions of Executive Order 29 not inconsistent herewith shall remain in full force and effect.

 

            Done in Raleigh, North Carolina this 22nd day of April, 1987.

 

EXECUTIVE ORDER NUMBER 45

 

THE GOVERNOR'S LANGUAGE INSTITUTES ADVISORY BOARD

 

            As Governor of North Carolina it has been made to appear to me upon satisfactory information furnished to me as follows:

                               1.         Educational programs for teachers of foreign languages will improve the quality of education for students in North Carolina.

                                                       2.         Improvement of foreign language teaching methods in the secondary schools of North Carolina will improve proficiency in foreign languages and enhance opportunities for foreign trade in North Carolina.

 NOW, therefore, it is hereby ordered, pursuant to the authority vested in me by the laws and Constitution of North Carolina:

 

            Section 1.  ESTABLISHMENT

            The Governor's Language Institutes Advisory Board, hereinafter referred to as the "Board" is hereby established.  The Board shall be composed of not more than twelve (12) members appointed by the Governor to serve at the pleasure of the Governor.  The Governor shall designate one of the members to serve as Chairman.  The State Superintendent of Public Instruction shall be an ex‑officio member of the Board in addition to those persons appointed by the Governor.

 

            Section 2.  FUNCTIONS

            The Board shall have the following duties:

                               (A)       Oversee planning and operation of the Governor's Language Institutes which shall be located in various locations across the State to provide educational programs for North Carolina teachers of foreign languages.

                               (B)       Select an external consultant to assist in the planning of the Governor's Language Institutes' programs and to recommend curriculum, instructors, location of Institutes, and sources of support, and

                               (C)       Select a full‑time Executive Director to manage the Institutes.

 

            Section 3.  ADMINISTRATION

                               (A)       The State Department of Public Instruction shall provide administrative support and staff as may be required,

                               (B)       Members of the Commission shall receive reimbursement from the State Department of Public Instruction, contingent on the availability of funds, for travel and subsistence expenses in accordance with state guidelines and procedures.

 

            Section 4.  EFFECTIVE DATE AND EXPIRATION DATE

            This Executive order shall be effective immediately, and in accordance with North Carolina laws shall expire two years from date it is signed.  It is subject to reissuance at expiration.

 

            Done in the Capital City of of Raleigh, North Carolina, this 22nd day of April, 1987.

 

EXECUTIVE ORDER NUMBER 46

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 40

GOVERNOR'S COMMISSION FOR THE FAMILY

 

            The Governor's Commission For the Family was established by Executive Order Number 40 on March 16, 1987, as a means of strengthening our nation's families.

            It has been made to appear that the important work of this commission can be furthered through the appointment of additional members by the Governor.

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1 of Executive Order 40 is hereby amended to read as follows:

 

            Section 1.  ESTABLISHMENT

            The Governor's Commission For the Family is hereby established.  The Commission shall be composed of not less than thirty members appointed by the Governor to serve at the pleasure of the Governor.  The Governor shall designate one of the members as Chairman and one as Vice‑Chairman.  The Secretaries of the Departments of Human Resources, Natural Resources and Community Development, Administration, Crime Control and Public Safety, and Cultural Resources shall be ex‑officio members.  The members appointed by the Governor shall be representatives from the following areas:

                               (1)        Private business and community leaders;

                               (2)        Law Enforcement;

                               (3)        At least one representative of the North Carolina Fund for Children and Families Commission;

                               (4)        Judicial System; and

                               (5)        Volunteers who have exhibited an interest in family issues.

 

            All other sections and provisions of Executive Order Number 40 shall remain in effect.

 

            Done in Raleigh, North Carolina, this 22nd day of April, 1987.

 

EXECUTIVE ORDER NUMBER 47

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 27

 

"NORTH CAROLINA FUND FOR CHILDREN AND FAMILIES COMMISSION"

 

            Under Executive Order 27 issued on September 8, 1986, the North Carolina Fund for Children and Families Commission, hereafter referred to as "The Commission," was established under the office of the Governor.  It has been made to appear that for the efficient administration of this Commission it should be placed in the Department of Administration, under the Youth Advocacy and Involvement Office.

            It has also been made to appear that in order to properly perform its duties, the Commission should be authorized to enter into an agreement with other entities to manage and invest and otherwise act as trustee for the North Carolina Fund for Children and Families, hereafter referred to as "The Fund."

            Therefore, by authority vested in me as Governor, by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Executive Order 27 is hereby amended to read as follows:

 

            Section 1.  ESTABLISHMENT

            The North Carolina Fund for Children and Families Commission is hereby established.  The Commission shall administer the North Carolina Fund for Children and Families which shall provide resources for intervention and treatment for victimized children and their families.  The Commission shall be composed of five (5) members who will be appointed by the Governor to serve two (2) year terms plus the the following three (3) cabinet officers or their designees who shall serve as ex‑officio members: Secretaries of the Department of Administration, Department of Crime Control and Public Safety, and Department of Human Resources.  The Governor shall also appoint a Chairman of the Commission who, in the discretion of the Governor, may or may not be a member of the Commission.

 

            Section 2.  FUNCTIONS

                           (a)        The Commission shall meet regularly at the call of the Chairman and may hold special meetings at any time at the call of the Chairman or Governor.

                           (b)        The Commission shall have the following duties:

                               (1)        Enter into an agreement with such persons, corporation or foundation, as the Commission in its discretion determines to be appropriate, to manage and invest monies contributed to the Fund.  Such an agreement shall further provide that such persons, corporation or foundation shall:

                                    (A)       Act as Trustee for monies received by the North Carolina Fund for Children and Families.

                                    (B)       Receive on behalf of the Commission gifts, bequests, and devises for deposit and investment into the Fund.

                                    (C)       Oversee and manage the investment of monies in the Fund.

                                    (D)       Pay monies out of the Fund as directed by the Commission.

                               (2)        Assess the critical needs of victimized children and their families.

                               (3)        Receive gifts, bequests, and devises for deposit and investment into the fund.

                               (4)        Solicit proposals for programs which will be aimed at meeting identified service needs.

                               (5)        Establish criteria for awarding of grants which shall include and emphasize the public‑private partnership concept.

                               (6)        Fund programs that in the discretion of the Commission, effectively and efficiently treat and rehabilitate victimized children and their families.

                               (7)        Present a report to the Governor at the end of each fiscal year.

                               (8)        Make recommendations to the Governor for statewide replication of effective and efficient programs.

                           (c)        If, after entering into the agreement described in subparagraph 1 of subsection (b) of this Section, the Commission determines it is necessary to qualify contributions to the Fund as charitable donations under the Federal Tax Laws and the corresponding sections of applicable State laws, the Commission is authorized to execute such additional documents as may be necessary to qualify contributions to the Fund as charitable donations under the tax laws of the United States and corresponding sections of applicable State law.

 

            Section 3.  ADMINISTRATION

                           (a)        A staff consisting of a director and other support staff may be employed by the Department of Administration to carry‑out the duties and responsibilities of the Commission.

                           (b)        Subject to the availability of funds, members of the Commission may be reimbursed for travel and subsistence expenses as authorized by G.S. 138‑5.  Funds for reimbursement as are available may be paid from the receipts of the fund or from the Department of Administration.

                           (c)        The administrative costs of the commission shall be provided for by the Department of Administration.

                           (d)        All funds administered by the Commission shall be subject to audit by the State Auditor.

 

            Section 4.  IMPLEMENTATION AND DURATION

                           (a)        This order shall be effective immediately.

                           (b)        This commission shall dissolve at the pleasure of the Governor.  In the event of dissolution, the assets remaining in the fund will be turned over to one or more organizations which themselves are exempt as organizations described in Sections 501(c)(3) and 170(c)(2) of the Internal Revenue Code of 1954 or corresponding sections of any prior or future law, or to the Federal, State, or local government for exclusive public purposes.

 

            Done in Raleigh, this the 28th day of April, 1987.

 

EXECUTIVE ORDER NUMBER 48

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 43

 

"NORTH CAROLINA EMERGENCY RESPONSE COMMISSION"

 

            The North Carolina Emergency Response Commission was established by Executive Order Number 43 pursuant to the Emergency Planning Community Right‑to‑Know Act of 1986, enacted by the United States Congress.

            It has been made to appear that the Secretary of the Department of Natural Resources and Community Development or his designee should be a member of this Commission.

            Therefore, by the authority vested in me as Governor, by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  AMENDMENT

            The following language that appears in Section 1 of Executive Order 43 describing the persons that are to compose the Commission is deleted:

 

"A representative of the Environmental Management Commission appointed by the Secretary of the Department of Natural Resources and Community Development."

 

and at the same place in the Executive Order that such language is deleted, the following language is added:

 

"The Secretary of the Department of Natural Resources and Community Development or his designee."

 

            Section 2.  CONTINUATION OF PREVIOUS EXECUTIVE ORDER

            All other sections and provisions of Executive Order 43 shall remain in effect.

 

            Done in Raleigh, North Carolina this 14th day of May, 1987.

 

EXECUTIVE ORDER NUMBER 49

 

GOVERNOR'S ADVISORY COMMISSION ON MILITARY AFFAIRS

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina IT IS ORDERED:

 

            Section 1.  ESTABLISHMENT

            I hereby establish the Governor's Advisory Commission on Military Affairs which shall be successor to the Governor's Advisory Commission on Military Affairs created under Executive Order Number 11 dated June 28, 1985.  The Commission shall be comprised of a least twenty‑five (25) members appointed by the Governor to serve for a term of two (2) years.  Membership shall consist of active and retired military personnel, State and local government officials, and local citizens who have an interest in or relationship to the military community.  The Governor shall designate one of the members as Chairman who shall serve at the pleasure of the Governor.

 

            Section 2.  MEETINGS

            The Commission shall meet regularly at the call of the chairman and may hold special meetings at any time at the call of the Chairman, the Governor, or the Secretary of Commerce.

 

            Section 3.  Duties

            The Commission shall have the following duties:

                               (a)        Provide a forum for the discussion of issues concerning major military installations in the State, active and retired military personnel and their families.

                               (b)        Formulate goals and objectives which enhance cooperation and understanding between the military components, the communities, our congressional delegation, the general public, and State, federal, and local governments.

                               (c)        Strengthen the State's role in securing defence related business for North Carolina businesses and in selling North Carolina products to North Carolina military bases.

                               (d)        Collect and study information related to supporting and strengthening the military presence within the State.

                               (e)        Review proposed military affairs legislation.

                               (f)        Advise the Governor on measures and activities which would support and enhance defense installations and military families within the State.

 

            Section 4.  ADMINISTRATION

            Support staff for the Commission shall be provided by the Department of Commerce.  Members shall serve without compensation but may receive reimbursement contingent on the availability of funds, for travel and subsistence expenses in accordance with State guidelines and procedures.

 

            Section 5.  RESCISSION OF PREVIOUS EXECUTIVE ORDER

            Executive order Number 11, dated June 28, 1985, is hereby rescinded.  All records of the Governor's Advisory Commission on Military Affairs created pursuant to said executive order, are transferred to the Commission created herein.  The Commission herein shall be the successor to the Governor's Advisory Commission on Military Affairs.

 

            Section 6.  EFFECTIVE DATE AND EXPIRATION

            This order shall be effective immediately and shall remain in effect until May 1, 1989, unless terminated earlier or extended by further Executive Order.

 

            Done in the Capital City of Raleigh, North Carolina, this the 20th day of May, 1987.

 

EXECUTIVE ORDER NUMBER 50

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 43

 

"NORTH CAROLINA EMERGENCY RESPONSE COMMISSION"

 

            The North Carolina Emergency Response Commission was established by Executive Order Number 43 pursuant to the Emergency Planning Community Right to Know Act of 1986 enacted by the United States Congress and was amended under Executive Order Number 48.

            It has been made to appear that the Commissioner of the North Carolina Department of Agriculture or his designee should be a member of this commission.

            THEREFORE, by authority vested in me as Governor by the laws and the Constitution of North Carolina and the laws of the United States, IT IS ORDERED:

 

            Section 1.  AMENDMENT

            That portion of Section 1 of Executive Order 43 that describes the persons that are to compose the commission is amended after the words "the Commissioner of the Department of Labor or his designee;" by inserting the following language:

            the Commissioner of the Department of Agriculture of his designee.

 

            Section 2.  Continuation of Previous Executive Orders

            All sections and provisions of Executive Orders Number 43 and 48 not inconsistent herewith shall remain in effect.

 

            Done in Raleigh, North Carolina, this 17th day of June, 1987.

 

EXECUTIVE ORDER NUMBER 51

 

Extension of Executive Orders 3, 8, 9, 10, and 12

 

Extension and Amendment of Executive Orders 7, 13, and 14

and Rescission of Executive Order 19

 

            It has been made to appear upon satisfactory information presented to me that my Executive Orders 3, 8, 9, 10, and 12 should be extended without modification.

            It has also been made to appear to upon satisfactory information that Executive Order 7 should be extended and amended to change "Secretary of Administration" to "Assistant to the Governor for Strategic Planning and Policy Development" as the person to call meetings and be advised of proposed courses of action; that Executive Order 13 should be extended and amended to provide for one additional person for health professional associations as a member of the North Carolina Health Coordinating Council; that Executive Order 14 should be extended and amended to delete the Department of Administration as having a representative member and to change "Secretary of Administration" to "Assistant to the Governor for Strategic Planning and Policy Development" as the person to call meetings and direct the Commission.

            It has also been made to appear that Executive Order 19 should be rescinded because the State Personnel Commission is now performing the duties performed by the Governor's Commission for Recognition of State Employees.

 

            Now therefore, pursuant to the authority vested in as Governor by the Constitution and laws of North Carolina IT IS ORDERED:

  

Section 1.  EXTENSION OF EXECUTIVE ORDERS 3, 8, 9, 10, AND 12

            The following Executive Orders are hereby reissued and extended through May 15, 1989:

            Executive Order Number 3 entitled "North Carolina Advisory Council on Vocational Education",

            Executive Order Number 8 entitled "Governor's Advisory Committee on Travel and Tourism",

            Executive Order Number 9 entitled "North Carolina Public Transportation Advisory Council",

            Executive Order Number 10 entitled "North Carolina Small Business Council", and

            Executive Order Number 12 entitled "Governor's Highway Safety Commission".

 

            Section 2.  AMENDMENT AND REISSUANCE OF EXECUTIVE ORDER NUMBER 7 "WOMEN'S ECONOMIC ADVISORY COUNCIL"

   a.  Executive Order Number 7 is amended on line 3 of Section 2 and on line 4 of Section 3 by deleting the words "Secretary of Administration" and adding in their place the words "Assistant to the Governor for Strategic Planning and Policy Development."

            b.  Sections 2 and 3 as amended herein and each and every other section of Executive Order Number 7 not inconsistent herewith are reissued and extended through May 15, 1989.

 

            Section 3.  AMENDMENT AND REISSUANCE OF EXECUTIVE ORDER NUMBER 13 "NORTH CAROLINA HEALTH COORDINATING COUNCIL"

            (a)  Executive Order Number 13 is amended on line 17 of Section 3 beginning after the words "other health professional associations" by deleting the numeral "2" and adding in its place the numeral "3" and amended on the line 28 of Section 3 after the word "total" by deleting the numeral "23" and adding in its place the numeral "24".  Said executive order is further amended on line 6 of Section 4 after the words "serving one year" by deleting the word "seven" and adding in its place the word "eight."  Said executive order is amended on line 4 of Section 10 after the words "executive order" by adding the words "and Executive Order 13."

            (b)  Sections 3, 4 and 10 as amended herein and each and every other section of Executive Order Number 13 not inconsistent herewith are reissued and extended through May 15, 1989.

 

            Section 4.  AMENDMENT AND REISSUANCE OF EXECUTIVE ORDER NUMBER 14 "GOVERNOR'S TASK FORCE ON DOMESTIC VIOLENCE"

            (a)  Executive Order Number 14 is amended on line 8 of Section 2 by deleting the words "the Department of Administration".

Said executive order is amended on lines 2 and 3 of Section 3 by deleting the words "Secretary of Administration" and adding in their place the words "Assistant to the Governor for Strategic Planning and Policy Development."

Said executive order is amended on lines 2 and 3 of Section 4 by deleting the words "the Secretary of the Department of Administration" and adding in their place "Assistant to the Governor for Strategic Planning and Policy Development."

Said executive order is amended on the line 4 of Section 6 after the word "order" by adding the words "and Executive Order 14."

            (b)  Sections 2, 3, 4, and 6 as amended herein and each and every other section of Executive Order Number 14 not inconsistent herewith are reissued and extended through May 15, 1989.

 

            Section 5.  RESCISSION OF EXECUTIVE ORDER NUMBER 19

            Executive Order Number 19 is hereby rescinded.

 

            Done in Raleigh, North Carolina this 14th day of July, 1987.

 

EXECUTIVE ORDER NUMBER 52

 

VETERANS PREFERENCE IN JOB TRAINING

PARTNERSHIP ACT (JTPA) PROGRAMS

 

            The State of North Carolina recognizes the unique contribution to the State and the Nation made by its citizens who have served in the Armed Forces of the United States, and is grateful for their service in the defense of this Nation and the preservation of peace.

            It has been made to appear to me as follows:

            1.  The Job Training Partnership Act enacted by the United States Congress hereinafter "the Act" provides employment and training opportunities for economically disadvantaged individuals and for those who have barriers to employment; and

            2.  Veterans have been determined to be a group requiring special assistance under Sections 106(d)(3), 108(c)(2) and 123(c)(1) of the Act and Section 121(c)(3) of the Act provides for the Governor's coordination of programs and related services for individuals whom the Governor determines require special assistance; and

            3.  Service Delivery Areas and Private Industry Councils, as recipients of the Act's funds, have responsibility for planning and administering programs for eligible individuals in the State; and

            4.  Veterans should receive priority consideration for appropriate employment and training services and is striving within the confines of the law to serve Veterans through the Job Training Partnership Act; and

            5.  In accordance with the Act, criteria have been established for coordinating programs funded under the Act with programs and services provided by State and local education and training agencies.

 

            NOW, therefore, it is hereby ordered, pursuant to the authority vested in me by the laws and Constitution of North Carolina:

 

            Section 1.  The State of North Carolina shall strive to give special consideration for employment and training opportunities to Veterans of the Armed Forces of the United States through the Act, or any similar or successor programs, with particular attention to eligible disabled Veterans and Veterans of the Vietnam era.

 

            Section 2.  Service Delivery Areas, as local decision makers, are encouraged to give appropriate consideration to Veterans in the design of their local programs.

 

            Section 3.  Service Delivery Areas shall involve representatives of Veteran's organizations when planning the Act's programs.

 

            Section 4.  Service Delivery Areas shall notify the appropriate District Veterans Service Officers of Private Industry Council meetings and work with the District Veterans Service Officers to establish appropriate cross‑referral procedures.

 

            Section 5.  Service Delivery Areas shall provide District Veterans Service Officers with information regarding the Act's planning process, services available to Veterans, names of appropriate contact persons, eligibility requirements for the Act's programs and any additional information which may further the training and employment opportunities so richly merited by our Veterans.

 

            Done in the Capital city of Raleigh, this the 30th day of July, 1987.

 

EXECUTIVE ORDER NUMBER 53

 

GOVERNOR'S INTER‑AGENCY ADVISORY TEAM

ON ALCOHOL AND OTHER DRUG ABUSE

 

            It has been made to appear to me as follows:

            1.  The dual dangers of alcohol and other drug abuse pose a growing threat to the continued progress and prosperity of North Carolina.  The catastrophic effects of these hazards touch all segments of our population.

            2.  Several state agencies maintain alcohol and drug abuse programs, and to combat alcohol and drug abuse most effectively, it is essential for such state agencies to coordinate the development of these programs and delivery of these services.

 

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

            Section 1.  ESTABLISHMENT

            The Governor's Interagency Advisory Team on Alcohol and Drug Abuse, hereinafter called the "Advisory Team," is hereby established.  The Advisory Team shall consist of not less than nine members and shall include the following:

            Deputy Secretary of the Department of Correction, or his designee;

            Executive Director of the Governor's Crime Commission, or his designee;

            Director of the Division of Mental Health, Mental Retardation and Substance Abuse Services in the Department of Human Resources or his designee;

            Director of Division of Youth Services in the Department of Human Resources, or his designee;

            Assistant Director of State Bureau of Investigation, or his designee;

            Director of Alcohol and Drug Defense in the Department of Public Instruction, or his designee;

            Director of Youth Advocacy and Involvement Office, or his designee;

            Director of the Governor's Highway Safety Program, or his designee.

            The Chairman of the Governor's Council on Alcohol and Drug Abuse Among Children and Youth shall be the Chairman of the Advisory Team and the members shall serve at the pleasure of the Governor.

 

            Section 2.  FUNCTIONS

            (a)  The Advisory Team shall meet on at least a quarterly basis and may hold special meetings at any time at the call of the Governor, the chairperson, or three of its members.

            (b)  The Advisory Team shall have the following duties:

                               1.         Coordinate existing state alcohol/drug programs and services in order to eliminate duplication and maximize the efficient use of resources;

                               2.         Provide guidance and direction in the expansion, development, and implementation of new alcohol and other drug abuse programs;

                               3.         Review the General Statutes of North Carolina applicable to alcohol and other drug abuse and prior to March, 1988, report to the Governor on proposed legislation that may be needed;

                               4.         Perform such other duties as assigned by the Governor.

 

            Section 3.  ADMINISTRATION

            (a)  The Department of Administration shall provide administrative support and staff as may be required by the Advisory Team.

            (b)  Each agency shall defray any costs incurred by the appointee in carrying out the functions of this appointment.

            (c)  It shall be the responsibility of each Cabinet Department to make every reasonable effort to cooperate with the Advisory Team in carrying out the provisions of this order.

            (d)  The Division of Mental Health, Mental Retardation and Substance Abuse Services shall provide funding for the travel and subsistence costs incurred by the Chairman of the Advisory Team.

 

            Section 4.  EFFECTIVE DATE AND EXPIRATION

            This Executive Order shall become effective immediately and will expire in accordance with North Carolina law two years from the date it is signed.  It is subject to reissuance at expiration.

 

            Done in the Capital city of Raleigh, this the 30th day of July, 1987.

 

EXECUTIVE ORDER NUMBER 54

 

COORDINATED PLANNING FOR EMPLOYMENT AND TRAINING PROGRAMS

 

            As Governor of North Carolina, it has been made to appear to me upon satisfactory information furnished to me as follows:

            1.  The North Carolina Job Training Coordinating Council, hereafter referred to as "the Council", was established according to the requirements of the Job Training Partnership Act to oversee the State's employment and training programs and to advise the Governor on the State's employment and training policies;

            2.  The Governor has established, in accordance with requirements outlined in the Job Training Partnership Act, criteria for coordinating programs funded under JTPA with programs and services provided by State and local education and training agencies;

            3.  The Council's Interagency Coordinating Committee, hereafter referred to as "the Committee", comprised of representatives from State agencies involved in employment and training, has been studying ways to eliminate barriers to effective coordination of all programs related to job training;

            4.  The Committee has identified varying planning cycles and programs for involved agencies occurring throughout the calendar year and these disparate planning period constitute a major barrier to effective coordination;

            5.  The Committee and the Council have recommended that the period of January through March of each calendar year be designated as a uniform planning period for all employment and training activities in the State.

 

            NOW, THEREFORE, under and by the authority vested in me as Governor of the State of North Carolina, I do hereby order and direct as follows:

 

            Section 1.  The period of January through March of each calendar year is hereby designated as the uniform planning period for all employment and training activities in the State.

 

            Section 2.  All State and local agencies, including service delivery areas involved in employment and training activities, including those designated in the Coordination Criteria, shall accomplish their planning, both independently and in concert with each other, during this period, except where such is prohibited by statute or regulation.

 

            Section 3.  I commend the agencies for their efforts to provide coordinated employment and training related services in the most effective, wide‑reaching and cost effective manner to the citizens of North Carolina.

 

            This Order shall be effective immediately.

 

            This the 25th day of August, 1987.

 

EXECUTIVE ORDER NUMBER 55

 

MARTIN LUTHER KING, JR. HOLIDAY COMMISSION

 

            The third Monday of January of each year has been set aside by both the State and Federal governments as a legal holiday to honor the birthday of Martin Luther King, Jr.;

 

            Such holiday should serve as a time for all North Carolinians to reflect on the principles of racial equality and non‑violent social change espoused by Martin Luther King, Jr.;

 

            It is appropriate that the State work to plan, promote and assist statewide and local celebrations and observances of this important national holiday.

 

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED;

                               (a)        The Martin Luther King, Jr. Holiday Commission is hereby established under the Department of Administration.  The Commission shall be composed of not less than ten (10) members appointed by the Governor to serve at the pleasure of the Governor.  Vacancies shall be filled by the Governor.  The Governor shall designate one of the members as chairman and at least one member as vice‑chairman.

                               (b)        The Commission shall meet at the call of the Chairman.

                               (c)        The Commission shall have the following duties:

                                    (1)        Encourage appropriate ceremonies and activities throughout the State relating to the observance of the legal holiday honoring Martin Luther King, Jr.'s birthday;

                                    (2)        Provide advice and assistance to local governments and private organizations across the State with respect to the observance of such holiday;

                                    (3)        Work to promote among the citizens of North Carolina an awareness and appreciation of the life and work of Martin Luther King.

                               (d)        Administrative support for this Commission shall be provided by the Department of Administration.

                               (e)        Members of the Commission may be reimbursed for necessary travel and subsistence expenses as authorized by N.C.G.S. 138‑5.  Members who are State officials or employees shall be reimbursed as authorized by N.C.G.S. 138‑6.  Funds for reimbursement of such expenses shall be made available from funds authorized by the Department of Administration.

                               (f)        This order shall be effective immediately.

 

            Done in Raleigh, North Carolina this 30th day of September, 1987.

 

EXECUTIVE ORDER NUMBER 56

 

GOVERNOR'S ADVISORY BOARD ON ATHLETES AGAINST CRIME

 

            The safety and proper development of our State's young people is at greater risk now than ever before in history.  The growth of the crime rate in increasingly younger populations is a trend that is of major concern nationally as well as here in North Carolina.

 

            The State of North Carolina must consider appropriate measures designed to reverse the crime rate among its youth.  With the attention and energy that athletics generates and the appeal that athletics has among our youth, the establishment of an advisory board can be a viable crime prevention tool.

 

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  ESTABLISHMENT

            There is hereby established the Governor's Advisory Board on Athletes Against Crime, hereinafter referred to as the "Board".  The Board shall be comprised of a chairman and at least fifteen members appointed by the Governor to serve at the pleasure of the Governor.  The members appointed by the Governor shall include but not be limited to representatives of the following areas:

            The Department of Crime Control and Public Safety;

            The North Carolina Fellowship of Christian Athletes;

            Athletic directors, coaches, and student athletes at junior high, high school, and collegiate levels;

            The North Carolina High School Athletic Association and other amateur sports organizations;

            Professional athletes;

            Law enforcement;

            Private citizens or volunteers who have an interest in athletics and/or youth‑oriented crime prevention programs in the State.

 

            Section 2.  MEETINGS

            The Board shall meet regularly at the call of the Chairman and shall hold special meetings at the call of the Chairman, the Governor, or the Secretary of Crime Control and Public Safety.

 

            Section 3.  DUTIES

            The Board shall have the following duties:

            (A)  Provide a forum for discussing issues concerning youth involvement in crime and effective approaches to preventing crime among young people;

            (B)  Coordinate athletic directors, coaches, and student athletes at the junior high, high school, and collegiate levels to implement the crime prevention objectives of the Athletes Against Crime program;

            (C)  Review existing and proposed youth‑oriented crime prevention programs at the local, state, and national levels which involve athletes;

            (D)  Advise the Governor and Secretary of Crime Control and Public Safety on measures and activities to support youth crime prevention programs and promote the Athletes Against Crime program;

            (E)  Encourage private sector involvement in fund raising efforts to support and promote the Athletes Against Crime program;

            (F)  Coordinate with appropriate state and local agencies such as the Governor's Council on Substance Abuse Among Children and Youth to develop a comprehensive approach to preventing crime, delinquency, and substance abuse among young people;

            (G)  Other duties as assigned by the Governor.

 

            Section 4.  ADMINISTRATION

            (A)  The Department of Crime Control and Public Safety shall provide administrative support and staff as may be required.

            (B)  Members of the Board shall serve without compensation but may receive reimbursement from the Department of Crime Control and Public Safety, contingent on the availability of funds, for travel and subsistence expenses in accordance with state guidelines and procedures.

            (C)  The heads of state departments and agencies are hereby directed to the extent permitted by law, to provide the Board information as may be requested by the Board in carrying out the purpose of this order.

 

            Section 5.  EFFECTIVE DATE AND EXPIRATION DATE

            This Executive Order shall become effective immediately, and unless rescinded earlier by act of the Governor, will expire in accordance with North Carolina law two years from date it is signed.  It is subject to reissuance at expiration.

 

            Done in Raleigh this 30th day of September, 1987.

 

EXECUTIVE ORDER NUMBER 57

 

GOVERNOR'S BLUE RIBBON COMMISSION ON COASTAL INITIATIVES

 

            North Carolina's coastal sounds and waterways represent unique and invaluable natural resources for all the people of North Carolina.

            The use and preservation of these resources is especially important to those recreational boaters, sports fishermen and vacationers who utilize our coastal areas.

            In order to protect these natural resources, provide for the orderly growth of marine related activity, and promote environmentally sound economic development along our coast, it is essential that North Carolina develop and implement a Coastal Initiatives Plan.  This plan should work to enhance the quality of our coastal environment by clustering marine related development in carefully selected locations while other more ecologically sensitive areas are given increased environmental protection.

 

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  ESTABLISHMENT

            There is hereby established the Governor's Blue Ribbon Commission on Coastal Initiatives.

 

            Section 2.  MEMBERSHIP

            The Commission shall be composed of not less than 10 members appointed by the Governor.  The membership shall include the Secretaries of:

                               a.          Department of Natural Resources and Community Development;

                               b.         Department of Commerce;

                               c.          Department of Administration;

                               d.         Department of Transportation;

                               e.          Department of Human Resources.

            In addition to those representatives set forth above, the Commission shall include representatives from interested environmental groups, local governments and marine activity related businesses.

            The Governor shall designate the chairman of the Commission and all members shall serve at the pleasure of the Governor.  All vacancies shall be filled by the Governor.

 

            Section 3.  MEETINGS

            The Commission shall meet at such times and at such locations as directed by the Chairman.

 

            Section 4.  DUTIES

            (i)  It shall be the responsibility of the Commission to develop and implement a long‑term, environmentally sound plan to provide additional protection for environmentally sensitive areas in the 20 coastal counties and to encourage and facilitate clustered development in selected local communities seeking to improve shoreline and marine activity related development.

            Recommendations and areas of program implementation in the plan shall include, but not be limited to:

 ‑    protective measures for marine and coastal resources;

 ‑    navigation aids, including a waterways system plan;

 ‑    incentives to support local community shore line or

      marine activity related economic development.

            (ii)  The Commission shall have the authority to direct the work of the Administrative Working Group established in Section 5 of this order.

 

            Section 5.  ESTABLISHMENT OF ADMINISTRATIVE WORKING GROUP

            There is created as an adjunct to the Commission an Administrative Working Group (AWG) which shall be composed of representatives from the various State departments and agencies involved in planning and implementing the Coastal Initiatives Plan.

            All members of the Administrative Working Group shall be designated by the Governor.

            The Governor shall designate the chairman of the Administrative Working Group.  The AWG shall meet at the call of either its Chairman or the Chairman of the Commission.

 

            Section 6.  DUTIES OF AWG

            The Administrative Working Group shall, at the direction of the Commission, prepare the plans called for in Section 4 of this order for approval by the Commission.  After such approval, the Administrative Working Group shall work to implement the plan as directed by the Commission.  The Administrative Working Group will work to coordinate efforts among all involved State departments to ensure the successful completion of the Commission's plan.

 

            Section 7.  COMMUNITY TEAMS

            In carrying out its duties the Administrative Working Group shall have authority to designate interdepartmental community teams composed of State and other governmental agency representatives.  These teams shall work at the community level to assist the AWG in the development and implementation of the Commission's plan.

            These teams shall report to and work at the direction of the Administrative Working Group.

 

            Section 8.  ADMINISTRATIVE SUPPORT AND EXPENSES

            The Department of Natural Resources and Community Development shall provide necessary staffing and administrative support for the Commission and the Administrative Working Group.  Other State departments and agencies shall assist the Commission and Administrative Working Group in this undertaking by rendering such technical advice and assistance to them as is from time to time requested and by cooperating fully in the implementation of the approved Coastal Initiatives Plan.

            Members of the Commission shall be entitled to such per diem expenses and reimbursement for travel expenses as authorized under N.C.G.S.138‑5.  Members who are State employees shall be reimbursed as authorized by N.C.G.S.138‑6.

            Funds for reimbursement of these and other administrative expenses of the Commission shall be made available from funds provided by the Department of Administrative, Department of Transportation, and the Department of Natural Resources and Community Development as authorized and directed by the Office of Management and Budget.

 

            Section 9.  EFFECTIVE DATE

            This order shall be effective immediately, and shall remain effective until December 31, 1992.

 

            Done in Raleigh, North Carolina this the 23rd day of November, 1987.

 

EXECUTIVE ORDER NUMBER 58

 

EXTENDED GRACE PERIOD FOR OBTAINING 1988 COMMERCIAL FISHING LICENSES

 

            Those persons engaged in commercial shellfishing in North Carolina are experiencing severe financial difficulties owing to the Red Tide infestation along portions of the North Carolina coast.

 

            In order to help ease the financial burden on this segment of our State's population, I hereby direct the Division of Marine Fisheries of the Department of Natural Resources and Community Development to extend through March 31, 1988 the grace period for obtaining all 1988 commercial fishing licenses.  This order shall apply only to those individuals who currently hold a 1987 license.

 

            Done this 11th day of December, 1987.

 

EXECUTIVE ORDER NUMBER 59

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 15

"JUVENILE JUSTICE PLANNING COMMITTEE"

 

   The Juvenile Justice Planning Committee was established by Executive Order Number 15 on June 28, 1985.

In order to meet the Federal guidelines contained in the Federal Juvenile Justice and Delinquency Prevention Act of 1974 as amended, it is now necessary to alter the membership requirements of that committee.

 

            THEREFORE, by authority vested in me as Governor by the laws and the Constitution of North Carolina, IT IS ORDERED:

 

            Section 1(b) of Executive Order Number 15 is amended to read as follows:

 

The following seven members shall be appointed by the Secretary of the Department of Crime Control and Public Safety for a term of two years:  a representative of a business group or a business that employs youth;  two (2) representatives of private organizations that focus on strengthening the family unit or of parent groups or of those concerned with neglected or dependent children or delinquency prevention and treatment;  a representative of local government youth serving agency; three youth members under the age of 24, and who are or have been under the jurisdiction of the juvenile justice system.

 

            All other  provisions of Executive Order Number 15 remain in force.

 

            This order shall be effective immediately and shall remain in effect until June 30, 1989.

 

EXECUTIVE ORDER NUMBER 60

 

GOVERNOR'S TASK FORCE ON THE NORTH CAROLINA DRIVER LICENSE SYSTEM

 

            Each year in North Carolina, approximately 1.75 million citizens visit examining stations operated by the Driver License Section of the Division of Motor Vehicles, North Carolina Department of Transportation, to obtain original, renewal and duplicate driver licenses, photo identification cards and learners' permits.  The Driver License Section has more direct contact with the citizenry of North Carolina than does any other branch of State Government.  Where, when and how the Driver License Section provides its services is vitally important to the State and to the public.

            Since the establishment of the North Carolina Driver License System in 1935, no comprehensive study has been made by the State to evaluate the effectiveness of its delivery of services to the public, to analyze the need for enhancing the quality of the existing system, or to review administrative procedures and statutory requirements.  In view of the elapsed time and the rapid increase in the number of licensed drivers who must be served by the Driver License Section, such comprehensive study is hereby deemed necessary and in the public interest.

 

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  ESTABLISHMENT

            The Governor's Task Force on the North Carolina Driver License System is hereby established.  The Task Force shall consist of at least twenty and not more than thirty members appointed by the Governor to serve at the pleasure of the Governor.  All vacancies shall be filled by the Governor.  The Governor shall designate one of its members as Chairman and one as Vice‑Chairman.  The Secretary of Transportation or his designee and the Commissioner of Motor Vehicles or his designee shall serve as ex‑officio members.

 

            Section 2.  FUNCTIONS

            (1)  The Task Force shall meet regularly at the call of the Chairman. The Task Force is authorized to conduct public hearings for the purpose of receiving the comments and suggestions of citizens throughout the State.

            (2)  The duties of the Task Force shall be to conduct a comprehensive study of the North Carolina driver license system, and shall formulate recommendations for enhancing the operations and improving the delivery of services to the public by the Driver License Section of the Division of Motor Vehicles.

 

            Section 3.  ADMINISTRATION

            (a)  The Special Assistant to the Commissioner of Motor Vehicles shall provide principal staff support to the Task Force.  The Secretary of Transportation and the Commissioner of Motor Vehicles may designate such other personnel from their respective staffs as they deem appropriate and necessary to furnish guidance and assistance to the Task Force.

            (b)  The Task Force is authorized, subject to the availability of funds to retain consulting service(s) or employ such professional(s) if it determines that such service(s) or professional(s) would offer a cost‑efficient method of gathering information.  Funds for the retention and payment of such services(s) or professional(s) shall be made available from funds authorized by the Division of Motor Vehicles.

            (c)  Members of the Task Force may be reimbursed for necessary travel and subsistence expenses as authorized by N.C.G.S. 138‑5.  Funds for reimbursement of such expenses shall be made available from funds authorized by the Division of Motor Vehicles.

            (d)  Funds for the support of the Task Force study, in addition to expenses authorized in Section 3, subsections (b) and (c) above, shall be made available from funds authorized by the Division of Motor Vehicles.

 

            Section 4.  REPORTS

            The Task Force shall present its final report and recommendations to the Governor not later than September 1, 1988.

 

            Section 5.  IMPLEMENTATION AND DURATION

            (1)  This order shall be effective immediately.

            (2)  The Commission shall dissolve at the pleasure of the Governor, but no later than December 30, 1988.

 

            Done at Raleigh, North Carolina, this 11th day of December, 1987.

 

EXECUTIVE ORDER NUMBER 61

 

AMENDMENT TO EXECUTIVE ORDER 49

GOVERNOR'S ADVISORY COMMISSION ON MILITARY AFFAIRS

 

            The Governor's Advisory Commission on Military Affairs was created by Executive Order 49, signed on May 20, 1987.

            In order for that Commission to properly carry out its duties it is necessary to amend Executive Order 49.

 

            THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.

            The first sentence of Section 4 of Executive Order 49 is hereby amended to read:

"Support staff for the commission shall be provided by the Department of Crime Control and Public Safety."

 

            Section 2.

            All other sections of Executive Order 49 remain in force.

 

            Done in Raleigh, North Carolina, this the 30th day of December, 1987.

 

EXECUTIVE ORDER NUMBER 62

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 41

"GOVERNOR'S TASK FORCE ON DEVELOPMENT OF

PRIVATE SEED VENTURE CAPITAL SOURCES"

 

            The Governor's Task Force on Development of Private Seed Venture Capital Sources was established by Executive Order Number 41 signed on March 20, 1987.  That executive order directed the Task Force to present a report of recommendations to encourage development of a private seed venture capital fund to the Governor and the Secretary of the Department of Commerce by not later than the 1st day of September, 1987.

            Due to the Task Force's concentration on immediate legislative opportunities which occurred during the 1987 General Assembly, that report was not completed nor submitted.  There continues to be a need for such a report.

 

            THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            That the report called for in Section 4 of Executive Order Number 41 signed on March 20, 1987 be submitted to the Governor and the Secretary of the Department of Commerce not later than the 1st day of May, 1988.

 

             All other sections of Executive Order Number 41 shall remain in effect.

 

            This the 30th day of December, 1987.

 

EXECUTIVE ORDER NUMBER 63

 

STATE ASBESTOS STUDY COMMISSION

 

            It has come to my attention that the presence of asbestos in certain forms in buildings may be hurtful to the building's occupants and that there may be asbestos present in these forms in some of the State's buildings.

            It has also come to my attention that before undertaking to learn whether and to what extent hurtful asbestos is present in the more than ten thousand buildings owned by the State, it is desirable for a study to be made of the costs and related benefits to be had from such an assay being made.

 

            With the foregoing in mind it is ORDERED:

            1.  There is hereby created a State Asbestos Study Commission composed of seven persons, two of whom shall be designated by the Governor and one each by the Lieutenant Governor, the Speaker of the House of Representatives, the Secretary of the Department of Administration, the Secretary of the Department of Human Resources and the Superintendent of Public Instruction.  The Chairman of the Commission shall be designated by the Governor from among its members.

 

            2.  The purpose of the Commission shall be (i) to study the cost of and related benefits to be had from assaying the State's buildings to learn whether and to what extent asbestos in hurtful forms may be present in the buildings and (ii) to make recommendations as to how the State should respond to what is learned from the study.  The Commission shall prepare a written report of its study and submit the same to the Governor along with its recommendations.

 

            3.  The Commission shall begin its work immediately and make its report to the Governor not later than April 30, 1988.

 

            4.  All State Departments and agencies shall cooperate fully and promptly with the Commission in its work to the end that its work may be completed within the allotted time.

 

            5.  The Division of Policy and Planning shall assign one or more members of its staff to assist the Commission in its work, as reasonably may be requested by the Commission.

 

            6.  Members of the Commission who are not employees of the State shall be reimbursed for their reasonable travel and subsistence expenses as allowed by N.C.G.S. §138‑5.  Reimbursement for such expenses shall be paid from appropriations to the Department of Administration.  The reasonable expenses of the Commission in addition to those allowed by N.C.G.S. §138‑5 shall also be paid from appropriations to the Department of Administration.

 

            Done at Raleigh, North Carolina, this 29th day of January, 1988.

 

EXECUTIVE ORDER NUMBER 64

 

EXTENSION OF GOVERNOR'S COUNCIL ON ALCOHOL AND

DRUG ABUSE AMONG CHILDREN AND YOUTH

 

            The Governor's Council on Alcohol and Drug Abuse Among Children and Youth was established by Executive Order Number 23 on January 29, 1986.

 

            Pursuant to N.C.G.S. 147‑16.2 this Commission is to expire on January 29, 1988.

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            The Governor's Council on Alcohol and Drug Abuse Among Children and Youth established through Executive Order Number 23 on January 29, 1986 is hereby extended through January 29, 1991.

 

            Done in Raleigh, North Carolina this the 29th day, of January, 1988.

 

EXECUTIVE ORDER NUMBER 65

 

NORTH CAROLINA STATE DEFENSE MILITIA

 

            WHEREAS, the North Carolina National Guard has the mission of responding to the call of the Governor in time of emergency to execute the law and secure the safety of persons and property, suppress riots or insurrections, repel invasions or provide disaster relief; and

            WHEREAS, the potential exists for the National Guard to be absent from the State in time of need because of a national mobilization or other federal requirements; and

            WHEREAS, the North Carolina National Guard, at the direction of the United States Congress, is assuming a more critical role in this nation's defense, as a crucial partner in the armed forces and could be mobilized on very short notice; and

            WHEREAS, the North Carolina General Statutes confer upon the Governor the responsibility and authority to enlist and direct the assistance of a State Defense Militia to provide for the common defense and protection of the lives and property of the people of this State, during the absence from the State of the National Guard;

 

            NOW, THEREFORE, IT IS ORDERED:

 

            Section 1.

            Pursuant to Article 5 of Chapter 127A of the General Statutes, I hereby establish and organize the North Carolina State Defense Militia.  The purpose of this Militia is to assume the State functions of the North Carolina National Guard, in its absence.

 

            Section 2.

            The North Carolina State Defense Militia is established within the Department of Crime Control and Public Safety.  The Militia shall be responsible to and subject to the direction and supervision of the Adjutant General of the North Carolina National Guard.  I hereby delegate to the Secretary of Crime Control and Public Safety the authority to prescribe rules and regulations concerning the North Carolina State Defense Militia in accordance with N.C.G.S. 127A‑80(c).

 

            Section 3.

            The Commander of the State Defense Militia shall be appointed by the Secretary of the Department of Crime Control and Public Safety to the rank of General Officer of the North Carolina State Defense Militia and shall serve at the pleasure of the Secretary.  All officers and soldiers shall be appointed in accordance with the rules and regulations established under Section 2 above and shall serve at the pleasure of the Secretary of Crime Control and Public Safety.

 

            Section 4.

            This order is effective immediately, and shall remain in effect until rescinded by further executive order or other law.  The provisions of N.C.G.S. 147‑16.2 shall not apply to this Executive Order.

 

            Done in the Capital City of Raleigh, North Carolina, this the 29th day of January, 1988.

 

EXECUTIVE ORDER NUMBER 66

 

STATE EMPLOYEES COMBINED CAMPAIGN

 

            WHEREAS, there is a need to promote and encourage State employees to contribute to non partisan charitable organizations; and

            WHEREAS, there is a need to allow State employees the opportunity to contribute to non partisan charitable organizations in an orderly and uniform manner; and

            WHEREAS, there is a need to establish uniform policies and procedures to assure participating organizations are of a non partisan charitable status; and

            WHEREAS, it is the policy of the State to support the State Employees Combined Campaign as codified in N.C.G.S. 143‑3.3 allowing State payroll deductions for combined campaign contributions.

 

            NOW, THEREFORE, IT IS HEREBY ORDERED:

 

            Section 1.

            There is established the State Employees Combined Campaign, hereinafter referred to as the Combined Campaign, within the Department of Administration.  The Governor at the beginning of each calendar year shall appoint a State Combined Campaign Director.  The Director or the Director's designee shall serve as Chairman of the Combined Campaign.  The Chairman shall administer, pursuant to rules promulgated by the State Employees Advisory Committee, the Combined Campaign for that year.

 

            Section 2.

            There is established the State Employees Advisory Committee hereinafter referred to as Committee.  The Committee shall be composed of ten (10) members from state government appointed by the Director of the Combined Campaign.  The terms of membership shall be staggered so that the terms of approximately one‑third of the members shall expire in a single calendar year.  After the first three years, each appointment shall be for a term of three years.  The Director of the Combined Campaign or the Director's designee shall serve as Chairman of the Committee.

 

            Section 3.

            A vacancy occurring on the Committee during a term of appointment is filled in the same manner as the original appointment and for the balance of the unexpired term.

 

            Section 4.

            The Advisory Committee shall meet as necessary and any time at the call of the Chairman to conduct the business of each year's Combined Campaign.

 

            Section 5.

            The Committee shall have the following duties:

                               1.         Recommend overall policy for the Combined Campaign to the Governor, the Campaign Director and necessary state agencies;

                               2.         Adopt rules and procedures as necessary for the proper administration of the Combined Campaign by majority vote;

                               3.         Establish criteria for acceptance which organizations must meet to be accepted as participants by majority vote;

                               4.         Serve as a central application point for all charitable organizations applying to participate in the Combined Campaign;

                               5.         Review and evaluate organization's applications to assure compliance with acceptance criteria.

 

            Section 6.

            The Department of Administration shall provide the administrative support for the Advisory Committee.

 

            Section 7.

            All State agencies and personnel are directed to cooperate fully with State Employees Combined Campaign in order to insure a successful annual campaign.  This cooperation shall include full implementation of all approved combined campaign activities.

 

            Section 8.

            All prior Executive Orders or portions of prior Executive Orders inconsistent herewith are hereby repealed.

 

            Section 9.

            This Order shall become effective immediately.  It shall remain in effect until January 1990 unless amended by further Executive Order.

 

            Done January 29, 1988.

 

EXECUTIVE ORDER NUMBER 67

 

GOVERNOR'S TASK FORCE ON THE SHORTAGE OF NURSES IN NORTH CAROLINA

 

            The State of North Carolina has made great strides in supplying quality health care to its citizens.  Our physical capacity and technological capability to provide the needed care is being met but our supply of a trained labor force is dangerously low.

 

            The shortfall is particularly critical in nursing.  North Carolina simply does not have enough trained nurses to meet the growing demands on our health care system.  The shortage promises to become increasingly worse and could have a very serious impact on the state's ability to maintain a high level of health services to its people.

 

            In view of this problem and its growing severity, it is important that the state establish a task force to study this issue and prepare a report which shall examine the causes of the shortage, clearly set forth its implications, and recommend possible solutions that can be implemented by both the public and private sectors.

 

            THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  ESTABLISHMENT

            The Governor's Task Force on the Shortage of Nurses in North Carolina is hereby established.   The Task Force shall consist of not more than 20 members appointed by the Governor to serve at the pleasure of the Governor.  All vacancies shall be filled by the Governor.  The Governor shall designate one of its members as chairman.  The Secretary of the Department of Human Resources or his designee shall serve as an ex‑officio member.

 

            Section 2.  MEMBERSHIP

            The membership of the task force shall include but not be limited to representatives from the following groups:

                               1.         North Carolina Nurses Association

                               2.         North Carolina Hospital Association

                               3.         North Carolina Community College System

                               4.         The University of North Carolina System

                               5.         North Carolina Medical Society

                               6.         The North Carolina Health Care Facilities Association

                               7.         One member from the North Carolina Senate

                               8.         One member from the North Carolina House

                               9.         North Carolina Licensed Practical Nurses Association

                               10.        North Carolina Association for Home Care

                               11.        North Carolina Department of Public Instruction (Health Occupations Program)

 

            Section 3.  FUNCTIONS

                               1.         The Task Force shall meet regularly at the call of the Chairman. The Task Force is authorized to conduct public hearings for the purpose of receiving the comments and suggestions of citizens throughout the state.

                               2.         The duties of the Task Force shall be to conduct a comprehensive study of the availability of adequate skilled nursing care in North Carolina and to prepare a report outlining its findings and making recommendations on how the public and private sectors can best work to alleviate the nursing shortage now and in the future.  This report shall be submitted to the Governor no later than September 1, 1988.

 

            Section 4.  ADMINISTRATION

                               1.         Administrative support and staff for this task force shall be provided by the Department of Human Resources.

                               2.         Members of the task force may be reimbursed for necessary travel and subsistence expenses as authorized by NCGS 138‑5.  Funds for reimbursement of such expenses shall be made available from funds authorized by the Department of Human Resources.

                               3.         All other funds for the support of the task force study shall also be made available from funds authorized by the Department of Human Resources.

 

            Section 5.  IMPLEMENTATION AND DURATION

                               1.         This order shall be effective immediately.

                               2.         This commission shall dissolve at the pleasure of the Governor but not later than January 1, 1989.

 

             Done in Raleigh, North Carolina, this 18th day of February, 1988.

 

EXECUTIVE ORDER NUMBER 68

 

NORTH CAROLINA COMMISSION ON THE SUPERCONDUCTING SUPER COLLIDER

 

            North Carolina's proposal to be the site of the Superconducting Super Collider (SSC) presents an enormous opportunity for the state to solidify its position as a world center of high technology research and development.  If North Carolina is chosen as the site of the SSC, the benefits to the state and its people will be substantial.  At the same time, any project of this magnitude will have effects on individuals and the surrounding communities.  It is the obligation of the state to ensure that the effects of the SSC project‑‑on the people in the area, on the counties and municipalities, and on the environment‑‑are beneficial.

            The SSC is a unique public project in many respects.  It is the largest scientific instrument in the world and is designed for pure research.  If North Carolina is chosen as the SSC site, the state will acquire the land needed for the SSC, then release the land to the federal government.  This plan necessarily will involve the local governments in the SSC area.  Because of the complexity of the project and the levels of government involved, an ongoing mechanism is needed to ensure that those who implement the SSC project are sensitive to the many governmental and individual rights and prerogatives involved.

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  ESTABLISHMENT

            The North Carolina Commission on the Superconducting Super Collider is hereby established.  The Commission shall consist of not more than fifteen members appointed by the Governor to serve at the pleasure of the Governor.  All vacancies shall be filled by the Governor.  The SSC Project Director shall serve as the Chairperson.  The SSC Project Director shall vote only when necessary to break a tie.

 

            Section 2.  MEMBERSHIP

            The membership of the Commission shall include but not be limited to representatives from the following groups:

                               1.         The Durham County Manager.

                               2.         The Granville County Manager.

                               3.         The Person County Manager.

                               4.         Two Durham County Commissioners.

                               5.         Two Granville County Commissioners.

                               6.         Two Person County Commissioners.

                               7.         The SSC Project Director.

 

            Section 3.  FUNCTIONS

            The North Carolina Commission on the Superconducting Super Collider shall have the following duties:

                               1.         To serve as a coordinating mechanism between the three counties involved and the state in matters relating to the SSC project.

                               2.         To recommend locations to the state and federal governments for the SSC Project which will displace the fewest property owners.

                               3.         To recommend to the state the location of roads and utilities necessary for the project.

                               4.         To present the interests of the property owners potentially affected by the SSC Project to ensure that each receives fair compensation for SSC property acquisitions.

                               5.         To study the effects of SSC‑related development on local government entities and recommend amounts of state financial aid to lessen the impact of the SSC and insure that local governments are able to meet the needs of their communities.

                               6.         To monitor environmental impacts of the SSC and to recommend measures as necessary to prevent adverse effects on the environment.

                               7.         To promote and stimulate cooperative planning among the local governments affected to accommodate SSC‑related growth for the benefit of all citizens.

                               8.         To meet as necessary, at the call of the Chairperson or of the Governor.

 

            Section 4.  ADMINISTRATION

                               1.         Financial support for the Commission may be provided out of funds available to the North Carolina Board of Science and Technology in response to the requests of the Chairperson.  All expenditures must be approved beforehand by the Chairperson.

                               2.         Subject to the availability of funds, members of the Commission may be reimbursed for travel and subsistence expenses as authorized by NCGS Section 138‑5.

                               3.         The SSC Project shall provide the staff and administrative support for the Commission.

 

            Section 5.  REPORTS

                               1.         The Commission shall present interim reports and recommendations to the Governor at least annually.

                               2.         The Commission shall present a Final Report and Recommendations to the Governor before its dissolution.

 

            Section 6.  IMPLEMENTATION AND DURATION

                               1.         This order shall be effective immediately.

                               2.         This Commission shall dissolve at the pleasure of the Governor.

 

            Done in Raleigh, North Carolina, this 11th day of March, 1988.

 

EXECUTIVE ORDER NUMBER 69

 

GOVERNOR'S TASK FORCE ON AQUACULTURE IN NORTH CAROLINA

 

            By authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.

            There is hereby established the Governor's Task Force on Aquaculture in North Carolina.  The Task Force shall consist of a Policy Committee and such technical committees as the Policy Committee shall create.

 

            Section 2.

            The Policy Committee shall consist of not more than fifteen (15) members.  Members of the Policy Committee shall include:

                               a.          Agriculture Advisor to the Governor;

                               b.         President of the UNC System;

                               c.          President of Duke University;

                               d.         Secretary of Natural Resources and Community Development;

                               e.          Commissioner of Agriculture;

                               f.          Secretary of Administration;

                               g.         Secretary of Commerce;

                               h.         Science Advisor to the Governor;

                               i.          President of the North Carolina Farm Bureau;

                               j.          President of the North Carolina Biotechnology Center;

                               k.         A member recommended by the Lieutenant Governor;

                               l.          A member recommended by the Speaker of the House;

                               m.        Up to four (4) members at large appointed by the Governor.

            The Secretary of Administration shall serve as Chairman of the Task Force.  All members named under subsections (k), (l), (m) above shall serve at the pleasure of the Governor and the Governor shall fill all vacancies.  If a vacancy occurs in a seat held by a member recommended by the Lieutenant Governor or Speaker of the House, the Governor shall fill the vacancy after recommendation by the appropriate official.

 

            Section 3.

            The Policy Committee may form such technical committees as necessary to study and report on the various aspects of aquaculture in this State.

            The members of the technical committees shall be drawn from professional and technical experts in the various related fields.  Members of the Technical Committees shall be asked to serve by the Policy Committee and shall serve at its pleasure.

 

            Section 4.

            The Task Force shall have the following responsibilities:

                               a.          Analyze environmental, financial, marketing, processing, educational and legal issues within the aquaculture industry.

                               b.         Formulate recommendations for changes in current North Carolina statutes concerning the aquaculture industry.

                               c.          Formulate recommendations for agency and university programs to promote and develop the aquaculture industry.

                               d.         Formulate recommendations for research programs, demonstration projects, and other technology transfer activities.

                               e.          Perform other relevant studies and services as recommended by the Policy Committee.

                               f.          Prepare a final report to the Governor recommending an aquaculture policy for North Carolina.  This report shall be submitted to the Governor no later than January 1, 1989.

 

            Section 5.

            The Department of Agriculture and the Department of Administration shall provide necessary staffing and administrative support for the Task Force, as directed by the Policy Committee.

            Section 6.

            This Order shall become effective immediately and shall remain in effect for one year.

 

            Done in Raleigh, North Carolina, this 11th day of March, 1988.

 

EXECUTIVE ORDER NUMBER 70

 

WOMEN'S ECONOMIC DEVELOPMENT ADVISORY COUNCIL

 

            By authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  I hereby recreate and establish in the Department of Commerce the North Carolina Women's Economic Development Advisory Council.  This Council will be composed of at least twelve (12) members who have distinguished themselves by their accomplishments in the private sector.  The membership of this Council will, to the extent practical, contain representatives from all major geographic areas of the State.  The members of this Council will be appointed by the Governor and will serve at the pleasure of the Governor.  Those members appointed to the Women's Economic Development Advisory Council by the Governor under Executive Order Number 7 retain their membership and continue to serve at the pleasure of the Governor.

 

            Section 2.  The Governor shall designate a Chairman from the membership of the Council.  The Council will meet at the call of the Chair or the Secretary of the Department of Commerce.  The current Chair shall continue to serve as Chair unless directed otherwise by the Governor.

 

            Section 3.  The Women's Economic Development Advisory Council will have the duty to thoroughly explore opportunities for women in our economy; carefully evaluate those opportunities; and advise the Secretary of Commerce on strategic courses of action, consistent with the State's economic development philosophy, which will best promote and encourage equal opportunity and advancement and integration of women into all aspects of North Carolina's economy.  The primary focus of the Council shall be in the area of business opportunities, so as not to be duplicative of complementary efforts to enhance the status of women in the North Carolina economy.

 

            Section 4.  The Department of Commerce shall provide the administrative support for this Council.

 

            Section 5.  The members of the Women's Economic Development Advisory Council shall be entitled to reimbursement for subsistence and travel expenses authorized for State Boards and Commissions as provided in  N.C.G.S. 138‑5.  Funds are to be made available as authorized by the Department of Commerce.

 

            Section 6.  This order supersedes and replaces Executive Order 7 signed on June 28, 1985.

 

            Section 7.  This Executive Order is effective immediately and shall remain in effect until May 15, 1989, or unless terminated earlier or extended by further Executive Order.

 

            Done in the Capitol City of Raleigh, North Carolina, this the 11th day of March, 1988.

 

EXECUTIVE ORDER NUMBER 71

 

GOVERNOR'S TASK FORCE ON RAIL PASSENGER SERVICE

 

            North Carolina and the nation were built on and along railroads.  In particular, our urban Piedmont has been shaped in large part by the General Assembly's investment in the North Carolina Railroad over 130 years ago.  Many of those Piedmont cities are now leading North Carolina's dramatic population and economic growth.

            With that growth comes an ever‑increasing need for intercity, regional, and urban transportation.  Some of our intercity traffic today moves via Amtrak along existing railroad routes through North Carolina.  In the future, even greater reliance may need to be placed on rail passenger opportunities.

            Today, Amtrak is considering changing its intercity routes serving North Carolina.  At the same time, the private freight railroads continue to react to economic forces by abandoning service and routes.  These decisions, made outside North Carolina, not only affect today's transportation patterns, but could well limit our transportation choices for the future.  Passenger trains move on some of these routes today, and may well need to move on others in the future.  Possibly, other forms of passenger transportation could also use those corridors.

            As the North Carolina Railroad and the Atlantic and North Carolina Railroad prepare to renegotiate their right‑of‑way leases between Charlotte, Greensboro, Raleigh and Morehead City, consideration should be given to preservation of future options for inter‑urban transit by a carrier able to offer affordable, reliable rail passenger service.

            This corridor, as well as other rail corridors in and across the state, may well hold opportunities for North Carolina's future mobility.  Every effort should be given to exploration of short‑term as well as longer‑term opportunities for rail passenger service along these corridors in North Carolina.

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  ESTABLISHMENT

            The Governor's Task Force on Rail Passenger Service is hereby established.  The Task Force shall consist of at least ten and not more than fifteen members appointed by the Governor to serve at the pleasure of the Governor.  All vacancies shall be filled by the Governor.  The Governor shall designate one of its members as Chairman and one as Vice‑Chairman.  The Secretary of Transportation or his designee shall serve as an ex‑officio member and shall not be included in the fifteen members to be appointed by the Governor.

 

            Section 2.  FUNCTIONS

                           (1)        The Task Force shall meet regularly at the call of the Chairman or the Governor.  The Task Force is authorized to conduct public hearings for the purpose of receiving the comments and suggestions of citizens throughout the State.

                           (2)        The duties of the Task Force shall be to conduct a study of the present, near term, and future needs for rail transit service connecting major cities of North Carolina, with emphasis on the potential for providing affordable service.

 

            Section 3.  ADMINISTRATION

            (a)  The Director of Public Transportation of the Department of Transportation shall provide staff support to the Task Force.  The Secretary of Transportation may designate such other personnel from his staff as he deems appropriate and necessary to furnish guidance and assistance to the Task Force.

            (b)  The Department of Transportation is authorized, subject to the availability of funds, to retain consulting service(s) or employ other professional(s) if it determines that such service(s) or professional(s) would offer a cost‑efficient method of gathering and analyzing information.  Funds for the retention and payment of such service(s) or professional(s) shall be made available from funds authorized for the Division of Public Transportation.

            (c)  Members of the Task Force may be reimbursed for necessary travel and subsistence expenses as authorized by N.C.G.S. 138‑5.  Funds for reimbursement for such expenses shall be made available from funds authorized for the Division of Public Transportation.

            (d)  Funds for the support of the Task Force study, in addition to expenses authorized in Section 3, subsections (b) and (c) above, shall be made available from funds authorized for the Division of Public Transportation.

            Section 4.  REPORTS

            The Task Force shall present a report to the Governor not later than the 15th day of January, 1989.

 

            Section 5.  IMPLEMENTATION AND DURATION

                           (1)        This order shall be effective immediately.

                           (2)        The Commission shall dissolve at the pleasure of the Governor, but no later than December 30, 1989.

 

            Done at Raleigh, North Carolina this 11th day of March, 1988.

 

EXECUTIVE ORDER NUMBER 72

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 53

GOVERNOR'S INTER‑AGENCY ADVISORY TEAM ON ALCOHOL AND OTHER DRUG ABUSE

 

            Section 1.  The Governor's Inter‑Agency Advisory Team on Alcohol and Other Drug Abuse was created by Executive Order Number 53 dated July 30, 1987.

 

            Section 2.  Section 3(d) of that executive order is amended to read as follows:

(d)  travel and subsistence expenses incurred by the Chairman of the Advisory Team shall be paid, as directed by the Director of the Budget, from funds available to the agencies and departments represented on the Advisory Team.

 

            Section 3.  All other provisions of Executive Order Number 53 shall remain in effect.

 

            Done in the Capital City of Raleigh, this the 26th day of April, 1988.

 

EXECUTIVE ORDER NUMBER 73

 

EMERGENCY MANAGEMENT PROGRAM

 

            WHEREAS, the natural phenomena such as hurricanes, floods, tornadoes, severe winter weather, droughts, earthquakes, and man‑made disasters such as explosions or major electric power failures are an ever‑present danger; and

 

            WHEREAS, potential enemies of the United States now possess the capability of launching attacks and unprecedented destruction upon this State and nation, from land, sea and air; and

 

            WHEREAS, it is the duty of the Department of Crime Control and Public Safety to provide emergency services to protect the public against natural and man‑made disasters; and

 

            WHEREAS, it is the duty of the Department of Crime Control and Public Safety to insure the preparation, coordination, and readiness of emergency management and military plans and effective conduct of emergency operations by all participating agencies in order to sustain life and prevent, minimize, or remedy injury to persons and damage to property resulting from disasters caused by enemy attack or other hostile actions or from disasters due to natural or man‑made causes; and

 

            WHEREAS, the Emergency Management Act of 1977, as amended, N.C.G.S. 166A‑1, et seq., the North Carolina Emergency War Powers Act, N.C.G.S. 147‑33.1, et seq., and Article 36A of Chapter 14 of the General Statutes confer upon the Governor comprehensive powers to be exercised in providing for the common defense and protection of the lives and property of the people of this State against both man‑made and natural disasters; and

 

            WHEREAS, the effective exercise of these emergency powers requires extensive initial planning, continued revision and exercising of plans, assignment of Emergency Management functions prior to the occurrence of an emergency, the training of personnel in order to ensure a smooth, effective application of governmental functions to emergency operations, and the quick response of all necessary State resources and

 

            WHEREAS, these Emergency Management functions are intended to be and can be accomplished most effectively through those established activities of State and local government whose normal functions relate to those emergency services which would be needed;

 

            NOW, THEREFORE, IT IS ORDERED:

 

            Section 1

            In the event the Governor, in the exercise of his constitutional and statutory responsibilities, shall deem it necessary to utilize the services of more than one subunit of State Government to provide protection to the people from natural or man‑made disasters or emergencies, including but not limited to wars, insurrections, riots, civil disturbances, or accidents, the Secretary of Crime Control and Public Safety under the direction of the Governor, shall serve as the chief coordinating officer for the State between the respective subunits so utilized, as provided in N.C.G.S. 143B‑476.

 

            Section 2

            Whenever the Secretary of Crime Control and Public Safety exercises the authority provided in Section 1, he shall be authorized to utilize and allocate all available State resources as are reasonably necessary to cope with the emergency or disaster, including directing of personnel and functions of State agencies or units thereof for the purpose of performing or facilitating the initial response to the disaster or emergency.  Following the initial response, the Secretary, in consultation with the heads of the State agencies which have or appear to have responsibility for dealing with the emergency or disaster, shall designate one or more lead agencies to be responsible for subsequent phases of the response to the emergency or disaster.  Pending an opportunity to consult with the head of such agencies, the Secretary may make interim lead agency designations.

 

            Section 3

            Every department of State Government is required to report to the Secretary of Crime Control and Public Safety by the fastest means practicable, all natural or man‑made disasters or emergencies, including but not limited to wars, insurrections, riots, civil disturbances, or accidents which appear likely to require the utilization of the services of more than one subunit of State government.

 

            Section 4

            The Secretary of Crime Control and Public Safety is hereby authorized to delegate the authority to utilize and allocate all available State resources as may be necessary to carry out the intent of this order.

 

            Section 5

            An explanation of the Emergency Management functions assigned to each State department, division, subdivision or agency is contained in the State plans developed and published by the Division of Emergency Management of the North Carolina Department of Crime Control and Public Safety and the provisions of these documents, including annexes attached thereto, and any revisions thereto, are specifically incorporated herein by reference.

 

            Section 6

            The heads of the departments of State Government and other agencies designated in said plans are granted the authority and charged with the responsibility to develop supporting plans and procedures and to execute upon order of the Governor, the Secretary of Crime Control and Public Safety or his designee the Emergency Management functions assigned to them in said plans.

 

            Section 7

            The Secretary of Crime Control and Public Safety is hereby authorized to update and periodically revise or cause to be revised said plans and supporting plans to the end that they will be at all times current and consistent with the functions, duties, and capabilities of a given department or agency.

 

            Section 8

            The head of each department, agency, commission or office of State Government that is charged with Emergency Management responsibilities shall designate personnel from said department, agency, commission, or office to perform liaison with all other components of State Government on matters pertaining to Emergency Management activities.

 

            Section 9

            The heads of State Government departments assigned Emergency Management functions shall prepare procedures to procure from governmental and private sources all materials, manpower, equipment, supplies, and services which would be needed to carry out these assigned functions.  Each agency of State Government shall cooperate with all other agencies of State Government to assure the availability of resources in an emergency.

 

            Section 10

            This Order shall supersede and cancel all previous Executive Orders on this subject.

 

            Section 11

            This Order shall become effective immediate.  Done in the Capital City of Raleigh, North Carolina, this the 27th day of April, 1988.

 

EXECUTIVE ORDER NUMBER 74

 

AN EXECUTIVE ORDER ESTABLISHING ADDITIONAL CRITERIA FOR ELIGIBILITY OF

CERTAIN MEMBERS OF THE ENVIRONMENTAL MANAGEMENT COMMISSION

 

            WHEREAS N.C.G.S. 143B‑283 directs that nine of the members appointed by the Governor to the Environmental Management Commission shall be persons who do not derive any significant portion of their income from persons subject to permits or enforcement orders under that chapter; and,

 

            WHEREAS that statute directs the Governor, by executive order, to promulgate criteria regarding conflicts of interest and disclosure thereof for determining the eligibility of persons under that section;

 

            NOW, THEREFOR, pursuant to the authority vested in me by the Constitution of this State and N.C.G.S. 143B‑283(c), IT IS HEREBY ORDERED:

 

            Section 1.

            At least nine of the members of the Environmental Management Commission appointed by the Governor shall be persons who do not receive during their period of service on the Commission a significant portion of their income from persons subject to permits or enforcement orders granted or entered by the Environmental Management Commission.

            (a)  For the purposes of this section, the term "significant portion of his income" shall mean ten percent of gross personal income for a calendar year, except that it shall mean fifty percent of gross personal income for a calendar year if the recipient is over sixty years of age and is receiving such portion pursuant to retirement, pension, or similar arrangement.

            (b)  For the purposes of this section, the term "persons subject to permits or enforcement orders" shall not include any department or agency of State government.

            (c)  For the purposes of this section, the term "income" includes retirement benefits, consultant fees and stock dividends.

            (d)  For the purposes of this section, income is not derived from persons subject to permits or enforcement orders where it is derived from mutual fund payments, or other diversified investments of which the recipient does not know the identity of the primary sources of income.

 

            Section 2.

            The Board of Ethics established pursuant to Executive Order Number 1 dated January 31, 1985 is hereby directed to prepare in conjunction with the Governor's Office a suitable disclosure form to be completed by prospective Governor's appointees under N.C.G.S. 143B‑283 and to be used by the Governor's Office in determining eligibility under Section 1.  These completed forms shall be kept on file and open to public inspection by both the Board of Ethics and the Environmental Management Commission.

 

            Section 3.

            This executive order shall become effective immediately.

 

            This the 27th day of April, 1988.

 

EXECUTIVE ORDER NO. 75

CONCERNING THE RESPONSIBILITIES

OF THE MEMBERS AND PERSONNEL

OF THE NORTH CAROLINA WILDLIFE RESOURCES COMMISSION

 

            Questions have arisen as to whether and to what extent members of the North Carolina Wildlife Commission are charged with responsibility for Commission personnel decisions.

            This Executive Order is published to put an end to the questions and to establish the perimeters within which Commission members and Commission personnel are to work in carrying out their respective responsibilities.

 

I

 

            In response to my inquiry, the Attorney General has opined:

 

            “We believe that the Executive Director has the authority to employ persons to fill positions on the Commission's staff without obtaining either the prior or subsequent approval of the Commission.  The duties of the Executive Director are set out in G.S. §143‑246 as follows:

 

‘The Executive Director shall be charged with the supervision of all activities under the jurisdiction of the Commission and shall serve as the chief administrative officer of the said Commission.  Subject to the approval of the Commission and the Director of the Budget, he is hereby authorized to employ such clerical and other assistants as may be deemed necessary.’

 

            "We construe the language of the second sentence quoted above to authorize the Director to employ persons to fill such positions as have been approved by the Commission and the Director of the Budget as necessary to carry out the programs of the Commission."

 

            “. . . The view that we have taken is most strongly supported . . . by the language of G.S. §143‑243.  That statute, in pertinent part, outlines specific responsibilities which the Commission is to fulfill in carrying out the functions and duties set forth in G.S. §143‑239.  The role of the Commission is to act in the broad area of policy and procedure in carrying out its program responsibilities, including the responsibility for ‘organizing the personnel of the Commission.’

 

            “. . . Thus, the General Assembly has directed the Commission to establish and structure the staff which is to carry out the Commission's programs, policies, and procedures under the supervision of the Executive Director.  In establishing and structuring its staff, the Commission must determine what types of positions are necessary for the task.  The requirement of G.S. §143‑243 is totally consistent, therefore, with our construction of the disputed language of G.S. §143‑246.”

 

II

 

            Based upon the foregoing opinion and to carry out my constitutional duty to take care that the laws be faithfully executed, it is hereby ORDERED:

 

            1.  As stated in N.C.G.S. §143‑239, the function, purpose and duty of the North Carolina Wildlife Resources Commission is to manage, restore, develop, cultivate, conserve, protect and regulate the wildlife resources of the State of North Carolina and to administer the laws relating to game, game and fresh water fishes and other wildlife resources enacted by the General Assembly, to the end that there may be provided a sound, constructive, comprehensive, continuing and economical game, game fish and wildlife program directed by qualified, competent and representative citizens who shall have knowledge of or training in the protection, restoration, proper use and management of wildlife resources.  These functions, purposes and duties shall be the guideline against which the appropriateness of all Commission actions are to be measured.

            2.  As provided in N.C.G.S. §143‑243 and N.C.G.S. §143‑246, the Commission members responsibilities are to:

                               (a)        Select and appoint an Executive Director and, if after appointing him the Executive Director ceases to please the Commission, to remove him from office.

                               (b)        Organize the personnel of the Commission.

                               (c)        Set the statewide policy of the Commission.

                               (d)        Budget and plan the use of the Wildlife and Motorboat Funds, subject to the approval of the General Assembly and the Director of the Budget.

                               (e)        When deemed appropriate hold public hearings where there is discussed matters of public concern regarding the wildlife resources of the State of North Carolina.

                               (f)        Adopt rules as authorized by law.

                               (g)        Recommend the budgetary and legislative needs of the Commission to the Governor through the Secretary of the Department of Natural Resources and Community Development.

                               (h)        Make such reports to the Governor as are required by him or by law through the Secretary of the Department of Natural Resources and Community Development.

                               (i)         Do all such other things as are required by law.

            While under N.C.G.S. §143‑240, nine of the thirteen members of the Commission are appointed from the geographical districts described in N.C.G.S. §143‑240 and the other four members are appointed at large, all thirteen members of the Commission serve the State as a whole and without regard to the districts from which they may have been appointed.  To the end that there may be uniformity of participation by each Commission member within each district, Commission members shall refrain from interfering with or otherwise being involved in the administration of the affairs of the Commission within the districts from which they are appointed or any other district.  Commission members shall restrict their official activities regarding the administration of the affairs of the Commission to such matters as are brought before them through or by the Chairman while they sit as a body, or as brought before them through or by a committee or subcommittee chairman while sitting as a committee or subcommittee.  If there are matters that any one or more members of the Commission feel are being inappropriately handled by the Chairman, those matters should be directed to the attention of the Governor through the Secretary of the Department of Natural Resources and Community Development.

            3.  As provided in and subject to the provisions of N.C.G.S. §143‑243, the Chairman of the Commission shall guide and coordinate the official actions and official activities of the Commission in fulfilling its function, purpose and duty.  In that connection and subject to the provisions of N.C.G.S. §143‑243, the Chairman shall:

                               (a)        Organize the Commission into such committees and subcommittees as are appropriate and appoint the chairman, vice‑chairman and members thereof.

                               (b)        Call, set the agenda for and preside at all regular and special meetings of the Commission.

                               (c)        Act as the liaison between the Commission and the Executive Director of the Commission.

                               (d)        Meet with and/or make reports to the Secretary of the Department of Natural Resources and Community Development and the Governor when and as requested by them.

                               (e)        Do all such other things as are required by law.

            The Vice‑chairman shall act in the absence of the Chairman.

            4.  As provided in N.C.G.S. §143‑246, the Executive Director selected and appointed by the Commission shall be the chief administrative officer of the Commission.  He shall:

                               (a)        Without interference by the Chairman or other member of the Commission, select, appoint, promote, demote, transfer, remove and pass upon the grievances of such persons as he deems appropriate to fill the several positions approved by the Commission to carry out the Commission's function, purposes and duties.

                               (b)        Direct and supervise the activities of the persons selected and appointed by him to fill such positions.

                               (c)        Act as the liaison between Commission personnel and the Chairman of the Commission.

                               (d)        Except when excused by the Commission, attend all Commission meetings and speak to the same as called upon by the Chairman.

                               (e)        Make such reports to the Commission and the Chairman when, as often and in such detail as the Commission and Chairman shall require.

                               (f)        Act as the official spokesperson for the Commission.

                               (g)        Do all such other things as are required by law or as are appropriate to carry out the Commission's function, purpose and duty.

 

III

 

            1.  Copies of this Executive Order shall be distributed as provided by law.  In addition copies shall be furnished to the Chairman and members of the North Carolina Wildlife Resources Commission, the Executive Director of the Commission, all Commission personnel, all persons deemed by the Executive Director to have an interest in Commission affairs and members of the public who request the same.

            2.  If any members of the Commission or the Executive Director of the Commission, now or hereafter feel that they cannot wholly support and carry out the letter and spirit of this Executive Order, it would be appropriate for them to resign from their positions.

            3.  Violation of this Executive Order shall be justification for the removal of the Executive Director or any person serving as Commission personnel under the Executive Director.

 

            Done in Raleigh, North Carolina this 12th day of August, 1988.

 

EXECUTIVE ORDER NUMBER 76

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 18

EQUAL EMPLOYMENT OPPORTUNITY

 

            Executive Order No. 18 as promulgated July 1, 1985, is amended to read:

            It is the policy of the State of North Carolina to provide equal employment opportunities for all State employees and for all applicants for State employment without regard to race, religion, color, national origin, sex, age or handicap.

            As an employer the State has and continues to recognize that efficient and effective government requires the talents, skills and abilities of all available human resources.

            Policies have been adopted by the State Personnel Commission and an equal employment opportunity program which emphasizes taking positive measures has been established to assure more equitable and fair representation of all of our citizens.

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

            Section 1.  EQUAL EMPLOYMENT POLICIES AND PROGRAMS

            The State of North Carolina is committed to equal employment opportunity and the equal opportunity program to accomplish total equal employment in and throughout all aspects of its workforce.  The policies and programs that have been adopted by the Personnel Commission represent the commitment of the State and must be complied with fully by every State agency, department and university.

 

            Section 2.  ADMINISTRATION

            A.  Agencies

            The head of each agency, department or university is responsible for assuring that these policies and programs are implemented fully and successfully throughout their organizations.  Each agency or department employing 800 or more employees and each university shall appoint a full time Equal Employment Opportunity Officer who shall have direct access to the agency, department or university head in the event of or to report violations and shall provide the resources necessary to achieve program objectives.  Those agencies or departments with less than 800 employees shall designate a part‑time Equal Employment Opportunity Officer who shall have direct access to the agency or department head in the event of or to report violations and shall provide resources necessary to achieve program objectives.

            The head of each agency, department or university shall take the positive measures that are established by the State Personnel Director, with approval of the State Personnel Commission, to ensure that equal opportunity is available in all areas of employment activities including recruitment, hiring, testing, training, transfer, performance appraisal, promotion, demotion, compensation, termination, layoffs and other terms, conditions, or privileges of employment.  Such measures shall be undertaken to improve the representation of women, minority group members, handicapped and older persons in and throughout all levels of the State's workforce.  Measures shall also be taken to ensure a work environment supportive of equal opportunity.

 

            B.  Office of State Personnel

            The State Personnel Director is responsible for assisting the State's agencies, departments and universities in achieving equal employment opportunity objectives through:

                               (1)        establishing policies, guidelines and programs with the Personnel Commission's approval;

                               (2)        evaluating and monitoring program effectiveness;

                               (3)        providing technical assistance and training;

                               (4)        identifying and recommending steps to correct salary inequities among minorities, females and white male employees within occupational categories; and

                               (5)        providing instruction for managers and supervisors on management practices which support equal employment opportunity.  Salary inequities found to exist will be called to the attention of the involved agency, department or university, for appropriate corrective action.

 

            Section 3.  REPORTS AND RECORDS

            The State Personnel Director shall communicate with the Governor, the agency, department and university heads on the implementation and results of the Equal Employment Opportunity program and provide an annual analysis of the program's progress.

 

            Section 4.  CITIZEN CONTRIBUTION

            The North Carolina Human Relations Council shall advise and assist the Governor and the Office of State Personnel in the implementation of the State's Equal Employment Opportunity program, thereby assuring citizen contributions to the program.

 

            Section 5.  VETERAN'S PREFERENCES

            Nothing in this Order shall be construed to repeal or modify any Federal, State, or local laws, rules or regulations creating special rights or preferences for veterans.

 

            Section 6.  PRIOR ORDERS

            All prior Executive Orders or portions of prior Executive Orders inconsistent are hereby repealed.

 

            Done in the Capital City of Raleigh, this the 14th day of September 1988.

 

EXECUTIVE ORDER NUMBER 77

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 34

GOVERNOR'S PROGRAM TO ENCOURAGE BUSINESS ENTERPRISES

OWNED BY MINORITY, WOMEN AND HANDICAPPED PERSONS

 

            Executive Order No. 34, as promulgated February 27, 1987, is amended to read:

            It is my policy that the State of North Carolina shall enhance and promote economic opportunities for all of its citizens without regard to race, gender or handicap.

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

            Section 1.  ESTABLISHMENT

                           (a)        There is hereby established the Governor's Program to Encourage Business Enterprises Owned and Controlled by Minorities, Women and Handicapped Persons.

                           (b)        The Program shall be coordinated by the Governor's Special Assistant for Minority Affairs and administered by the Division of Purchase and Contract, the State Construction Office and the State Property Office.  This Program shall have three components, the Purchase and Contract component, the State Construction component and the State Real Estate Acquisitions component.

                           (c)        The purposes of the Program are as follows:

                               (1)        to increase the amount of goods and services acquired by the State from business owned and controlled by minorities, women and handicapped persons;

                               (2)        to increase the amount of construction contracts awarded to minority, women and handicapped contractors and sub‑contractors;

                               (3)        to ensure the absence of barriers that reduce participation of minorities, women and handicapped persons in the State's purchasing process;

                               (4)        to ensure the absence of barriers that reduce participation of minority, women and handicapped contractors and sub‑contractors in the construction contracting process;

                               (5)        to encourage the purchasing officers within the State's agencies, departments and universities and the State Construction Office and the State Property Office to identify prospective minorities, women and handicapped vendors and service providers, construction contractors and sub‑contractors and related professionals, and real estate agents, brokers and appraisers;

                               (6)        to ensure the absence of barriers that reduce the participation of minority, women and handicapped persons in any and all aspects of the real estate acquisition process;

                               (7)        to promote awareness among minorities, women and handicapped persons of opportunities to do business with State government.

                           (d)        The program objective for fiscal year 1988‑89 is for businesses owned and controlled by minorities, women and handicapped persons to receive a minimum of four percent by amount of the State's purchases of goods and services under the Purchase and Contract component.

                           (e)        The objectives of the State Construction component are to establish policies and procedures to encourage the participation of minorities, women and handicapped in the State's construction contracts and sub‑contracts and to accumulate data to allow the establishment of reasonable goals for such participation in the future.

                           (f)        The objectives of the Real Estate Acquisition component are to establish written real estate acquisition policies and procedures to effect the purposes of this Executive Order.

 

            Section 2.  ADMINISTRATION

                           (a)        The Secretary of Administration and each agency, department and university head shall provide requested information and reports to the Governor's Special Assistant for Minority Affairs for the implementation of this Program.

                           (b)        The Division of Purchase and Contract shall assist each agency, department and university in developing a plan and provide technical assistance to reach the set objectives related to the purchases of goods and services.

                           (c)        Each agency, department and university head shall designate from its staff coordinators for the Purchase and Contract, State Construction and Real Estate Acquisitions components of the Program.  The names of said coordinators shall be forwarded to the Deputy Secretary of the Department of Administration for Government Operations.

                           (d)        The Director of the Office of State Construction in cooperation with the Governor's Special Assistant for Minority Affairs, shall develop a plan for achieving the objectives of the State Construction component.

                           (e)        The Director of the State Property Office in cooperation with the Governor's Special Assistant for Minority Affairs shall develop a plan for achieving the objectives of the Real Estate Acquisitions component.

                           (f)        The Minority Business Development Agency, Small Business Division of the Department of Commerce shall continue to certify that businesses owned and controlled by minorities, women and handicapped persons are, in fact, owned and controlled by those so classified.  This agency shall also provide technical assistance to businesses interested in the Program.

                           (g)        The Minority Business Development Agency, Small Business Division of the Department of Commerce, together with the Division of Purchase and Contract and the State Construction Office, shall prepare and make available a directory of businesses owned and controlled by minorities, women and handicapped persons to facilitate the accomplishment of this Program.

 

            Section 3.  REPORTING AND EVALUATION

                           (a)        The Division of Purchase and Contract, the Office of State Construction and the State Property Office shall report purchase and contract and sub‑contract opportunities and awards on a quarterly basis to the Governor's Special Assistant for Minority Affairs.

                           (b)        The Governor's Special Assistant for Minority Affairs shall monitor and evaluate the Program and report the same on a quarterly basis to all agency, department and university heads.  He shall also conduct review meetings with all agencies, department and university heads or their designees on an as needed basis.

                           (c)        The Director of the Division of Purchase and Contract, the Director of the State Construction Office and the Director of the State Property Office shall develop and implement guidelines and procedures for ensuring that the State's contracts contain requirements that its contractors comply with federal EEO requirements or its equivalent.

 

            Section 4.  PRIOR ORDERS

            All prior Executive Orders or portions of prior Executive Orders inconsistent herewith are hereby repealed.

 

            Done in the Capital City of Raleigh, this 14th day of September, 1988.

 

EXECUTIVE ORDER NUMBER 78

 

GOVERNOR'S TASK FORCE ON INJURY PREVENTION

 

            Sudden and unexpected injuries represent one of the most serious health problems facing the citizens of this State.  The loss of life, economic loss, and the personal tragedy caused by such injuries on and off the job demand that a concerted effort be made to better understand this problem and seek solutions to it.

            In order to better prevent accidental injuries and to ensure that the best rehabilitative methods and resources are available to those who are injured, a systematic approach to injury prevention and rehabilitation by all segments of our society is needed.

            THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1 ESTABLISHMENT

            The Governor's Task Force on Injury Prevention, hereinafter "The Task Force", is hereby established.  The Task Force shall consist of not more than 25 persons appointed by the Governor to serve at the pleasure of the Governor.  All vacancies shall be filled by the Governor.  The Governor shall designate one member of the Task Force to serve as chairman.

 

            Section 2 MEMBERSHIP

            The membership of the Task Force shall include, but not be limited to, representatives of the following agencies and groups:

                               1.         Doctors and other Health Care Providers;

                               2.         Pharmacists;

                               3.         Health Directors;

                               4.         Trauma Professionals;

                               5.         Experts in the Field of Occupational Safety;

                               6.         Representatives of Business and Industry;

                               7.         North Carolina Department of Human Resources;

                               8.         North Carolina Department of Transportation;

                               9.         North Carolina Department of Insurance;

                               10.        North Carolina Department of Crime Control and Public Safety;

                               11.        North Carolina Department of Commerce;

                               12.        The North Carolina General Assembly; and

                               13.        Other Persons Interested in the Prevention of Injuries.

 

            Section 3 FUNCTIONS

            A.  The Task Force shall meet regularly at the call of the Chairman.

            B.  The Task Force shall have the responsibility of developing and delivering to the Governor a long‑range plan designed to decrease the number of injuries in North Carolina and to improve the prognosis of citizens affected by injuries.  This plan shall include recommendations that will address:

                               1.         Measures to increase public awareness of the problem of injury;

                               2.         Development and coordination of research in bio‑mechanics as well as injury causation, incidence, distribution;

                               3.         Coordination of resources that possess professional expertise in injury prevention and control;

                               4.         Integration of national, state, and local program activities;

                               5.         Legislative recommendations necessary to implement a comprehensive injury prevention and control program;

                               6.         Budgetary requirements necessary to provide a comprehensive injury control program in North Carolina.

 

            Section 4 ADMINISTRATION

            A.  Administration support and staff for the Task Force shall be provided by the Department of Human Resources, Division of Health Services.

            B.  Members of the Task Force shall be reimbursed for necessary travel and subsistence expenses as authorized under G.S. 138‑5 and 138‑6.  Funds for the reimbursement of such expenses shall be made available from funds authorized by the Department of Human Resources, Division of Health Services.

            C.  It shall be the responsibility of each cabinet department to make every reasonable effort to cooperate with the Task Force in carrying out the provisions of this order.

 

            Section 5 IMPLEMENTATION AND DURATION

            This Executive Order shall become effective immediately and will expire in accordance with North Carolina law two years from the date on which it is signed.  It is subject to reissuance or extension at the discretion of the Governor.

 

            Done in Raleigh, North Carolina, this 1st day of November, 1988.

 

EXECUTIVE ORDER NUMBER 79

 

NORTH CAROLINA SMALL BUSINESS COUNCIL

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

            Executive Order Number 10 dated June 28, 1985, is amended to read as follows:

            There is hereby established the North Carolina Small Business Council. The Council shall be composed of at least 20 members with at least one member residing in each congressional district.  All members shall be appointed by the Governor and serve at the pleasure of the Governor.  The Governor shall designate one of the members as Chairman and one as Vice‑Chairman.  In addition to the minimum number of 20, the members shall include representatives of the National Federation of Independent Business, N.C. Retail Merchants Association, the United States Small Business Administration and North Carolina Citizens for Business and Industry.

            The Council shall meet at least once in each quarter and may hold special meetings at any time at the call of the Chairman, the Governor or the Secretary of Commerce.  The members of the Council shall receive per diem, reimbursement for travel and subsistence expenses for their services in accordance with State subsistence allowance.

            The purposes of the North Carolina Small Business Council are:

                               (a)        To support the Governor's small business legislative initiatives and to solicit support in an effort to effect passage of the initiatives.

                               (b)        To prepare and present recommendations to the Governor and General Assembly for changes in statutes, rules and regulations, including the State tax structure, which affect small businesses in North Carolina.

                               (c)        To make recommendations to the Governor and General Assembly for new legislation, agency programs and other actions needed to assist small business growth and development.

                               (d)        To assist the Small Business Development Division of the Department of Commerce in determining the need for programs for small businesses in education, training, marketing, funding resources, technological assistance and related areas.

            The Council is authorized to conduct interviews and solicit non‑confidential information to carry out the provisions of (a), (b), (c) and (d) above.

            The Small Business Development Division of the Department of Commerce shall provide staff and support services for the Council.

            It shall be the responsibility of each department or agency head to make every reasonable effort for his or her department to cooperate with the North Carolina Small Business Council to carry out the provisions of this Order.

            This Order shall be effective immediately and shall remain in effect until June 30, 1990, unless terminated earlier or extended by further Executive Order.

 

            Done in the Capital City of Raleigh, North Carolina, this 5th day of January, 1989.

 

EXECUTIVE ORDER NUMBER 80

 

NORTH CAROLINA DRUG CABINET

 

            The trafficking and abuse of illegal drugs in our society represents a problem so serious and so pervasive that it threatens to undermine all the major goals of our State.

            It is a costly disease which takes its toll in wasted education, degraded health and jumbled productivity, as well as in the criminal activity undertaken to pay for it.

            We are still just beginning to come to grips with this critical problem.

            To raise this concern to a far higher commitment, I hereby establish a team of Cabinet rank officials to develop and recommend the most effective strategy for North Carolina's war on drugs.

            THEREFORE, by authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  ESTABLISHMENT

            There is hereby established the North Carolina Drug Cabinet.

 

            Section 2.  MEMBERSHIP

            (a)  The Cabinet shall be composed of the following officials of the State of North Carolina:

                               (i)         the Lieutenant Governor;

                               (ii)        the Attorney General;

                               (iii)       the Superintendent of Public Instruction;

                               (iv)       the Secretary of the Department of Human Resources;

                               (v)        the Secretary of the Department of Crime Control and Public Safety;

                               (vi)       the Secretary of the Department of Commerce;

                               (vii)      the Secretary of the Department of Correction;

                               (viii)     the Secretary of the Department of Transportation.

            (b)  The Lieutenant Governor shall be Chairman of the Cabinet.

 

            Section 3.  MEETINGS

            (a)  The Cabinet shall meet at such times and locations as designated by the Chairman but not less than monthly.  All members shall attend all meetings in person unless prevented from doing so by illness or by their official duties having priority over their responsibilities as Cabinet members, in which case absent members may be represented by their designees.

            (b)  For the purpose of conducting business a quorum of the Cabinet shall consist of six members or their designees.

 

            Section 4.  PURPOSE

            (a)  The Cabinet shall prepare and submit forthwith to the Governor a proposed comprehensive plan for effectively combatting trafficking and illegal drug use in North Carolina, including appropriate punishment, and for the education and treatment of those citizens suffering from drug abuse and dependency.

            (b)  Prior to submitting the comprehensive plan to the Governor, the Cabinet may develop and recommend to the Governor such intermediate measures in the areas of drug abuse prevention, treatment, law enforcement and punishment as the Cabinet deems appropriate.

 

            Section 5.  ADVISORY COUNCILS

            The Governor's Council on Alcohol and Drug Abuse Among Children and Youth established by Executive Order 23 and the Governor's Inter‑Agency Advisory Team on Alcohol and Other Drug Abuse created by Executive Order 53 shall act as advisors to the Cabinet.  The Cabinet may establish other advisory councils as needed to provide the Cabinet with expert advice in specified areas such as law enforcement related activities, health treatment and education.

 

            Section 6.  COOPERATION OF STATE AGENCIES

            On request all agencies and departments of the State of North Carolina shall cooperate with the Cabinet in the development of the comprehensive plan, and in the development and recommendation to the Governor of such immediate actions as determined necessary under Section 4(b) of this Order.

 

            Section 7.  ADMINISTRATIVE SUPPORT AND EXPENSES

            Those agencies and departments represented in the Cabinet shall provide such staff and administrative support as may be requested by the Cabinet.

 

            Section 8.

            This order shall be effective immediately and shall remain in effect until terminated.

 

            Done in Raleigh, North Carolina, this the 10th day of January, 1989.

 

EXECUTIVE ORDER NUMBER 81

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 80

NORTH CAROLINA DRUG CABINET

 

            By authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

            Section 2 of Executive Order Number 80 entitled "North Carolina Drug Cabinet" is amended by adding to the membership of the Cabinet the Secretary of the Department of Administration.

            All other sections and provisions of Executive Order Number 80 shall remain in effect.

            This order shall be effective immediately and shall remain in effect until terminated.

 

            Done in Raleigh, North Carolina, this the 12th day of January 1989.

 

EXECUTIVE ORDER NUMBER 82

 

EXTENDING EXPIRATION DATE OF EXECUTIVE ORDER NUMBER 1

TO JANUARY 31, 1991

 

            Executive Order Number 1 issued January 31, 1985, as amended by Executive Order Number 30 and extended by Executive Order Number 33, expires on January 29, 1989.  This executive order should continue in effect.

            NOW, THEREFORE, IT IS ORDERED, that Executive Order Number 1 dated January 31, 1985, be extended up to and through January 31, 1991.

 

            This action is effective on the 29th day of January, 1989.

 

EXECUTIVE ORDER NUMBER 83

 

OFFICE OF STATE PRINTING

 

            It is my policy that the departments and agencies of the State shall perform their responsibilities in the most cost efficient manner commensurate with the effective performance of their responsibilities.

            Therefore, pursuant to the authority vested in me as Governor by the Constitution and laws of North Carolina and to the end that said policy may be fulfilled, it is ORDERED:

                               1.         There is created within the Department of Administration an Office of State Printing.

                               2.         The function of the Office of State Printing shall be to coordinate all printing done for the following departments and agencies of the State that heretofore has been coordinated by the Department of Administration, Division of Purchase and Contract:

Department of Administration

Department of Commerce

Department of Correction

Department of Crime Control and Public Safety

Department of Cultural Resources

Department of Human Resources

Department of Natural Resources and Community Development

Department of Revenue

Department of Transportation

Office of State Personnel

Office of the Governor

Office of State Budget

                               3.         In coordinating the printing for said departments and agencies the Office of State Printing shall:

                                    (a)        Maximize the usage of the printing equipment and facilities owned by the State.

                                    (b)        Enhance the efficiency of the printing equipment and facilities owned by the State by directing printing to the equipment and facilities most appropriate for the printing to be done.

                                    (c)        In those instances in which printing cannot be done best by printing equipment and facilities owned by the State, coordinate with the Division of Purchase and Contract in awarding printing contracts to private vendors.

                               4.         To enable it to carry out its responsibilities under this Executive Order the Office of State Printing shall:

                                    (a)        Adopt and implement appropriate policies and guidelines; and

                                    (b)        Continuously evaluate the State's printing needs and the most cost efficient ways of meeting them and make recommendations concerning the same.

 

            Done in Raleigh, North Carolina, this 8th day of February, 1989.

 

EXECUTIVE ORDER NUMBER 84

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 79

NORTH CAROLINA SMALL BUSINESS COUNCIL

 

            The first full paragraph of Executive Order Number 79 dated January 5, 1989, is amended to read as follows:

 

There is hereby established a North Carolina Small Business Council.  The Council shall be composed of at least 20 members with at least one member residing in each congressional district.  All members shall be appointed by the Governor and serve at the pleasure of the Governor.  The Governor shall designate one of the members as chairman and one as vice‑chairman.  In addition to the minimum number of 20, the members shall include representatives to the National Federation of Independent Businesses, the North Carolina Retail Merchants' Association, the United States Small Business Administration, North Carolina Citizens for Business and Industry and the North Carolina Food Dealers Association.

 

            All other provisions of Executive Order Number 79 shall remain in effect.

 

Done in the capital city of Raleigh, North Carolina this 10th day of February, 1989.

 

EXECUTIVE ORDER NUMBER 85

 

AMENDING EXECUTIVE ORDER NUMBER 53

GOVERNOR'S INTER‑AGENCY ADVISORY TEAM

ON ALCOHOL AND OTHER DRUG ABUSE

 

             By the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

            Section 1:  Executive Order Number 53 is amended to read as follows:

 

            "It has been made to appear to me as follows:

 

                               1.         The dual dangers of alcohol and other drug abuse pose a growing threat to the continued progress and prosperity of North Carolina.  The catastrophic effects of these hazards touch all segments of our population.

                               2.         Several state agencies maintain alcohol and drug abuse programs, and to combat alcohol and drug abuse most effectively, it is essential for such state agencies to coordinate the development of these programs and delivery of these services."

 

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

            Section 1.  ESTABLISHMENT

            The Governor's Interagency Advisory Team on Alcohol and Drug Abuse, hereinafter called the "Advisory Team" is hereby established.  The Advisory Team shall consist of not less than eleven members and shall include the following:

 

Deputy Secretary of the Department of Correction, or his designee;

Executive Director of the Governor's Crime Commission, or his designee;

Director of the Division of Mental Health, Mental Retardation and Substance Abuse Services in the Department of Human Resources or his designee;

Director of Division of Youth Services in the Department of Human Resources, or his designee;

Assistant Director of State Bureau of Investigation, or his designee;

Director of Alcohol and Drug Defense in the Department of Public Instruction, or his designee;

Director of Youth Advocacy and Involvement Office, or his designee;

Director of the Governor's Highway Safety Program, or his designee;

The Secretary of the Department of Commerce or his designee; and

The Lieutenant Governor or his designee.

            The Chairman of the Governor's Council on Alcohol and Drug Abuse Among Children and Youth shall be the Chairman of the Advisory Team and the members shall serve at the pleasure of the Governor.

 

            Section 2.  FUNCTIONS

            (a)  The Advisory Team shall meet on at least a quarterly basis and may hold special meetings at any time at the call of the Governor, the chairperson, or three of its members.

            (b)  The Advisory Team shall have the following duties:

                               1.         Coordinate existing state alcohol/drug programs and services in order to eliminate duplication and maximize the efficient use of resources;

                               2.         Provide guidance and direction in the expansion, development, and implementation of new alcohol and other drug abuse programs;

                               3.         Review the General Statutes of North Carolina applicable to alcohol and other drug abuse and report to the Governor on proposed legislation that may be needed;

                               4.         Coordinate and cooperate with the North Carolina Drug Cabinet to the end that the work of both agencies shall be the most effective.

                               5.         Perform such other duties as assigned by the Governor.

 

            Section 3.  ADMINISTRATION

            (a)  The Department of Administration shall provide administrative support and staff as may be required by the Advisory Team.

            (b)  Each agency shall defray any costs incurred by the appointee in carrying out the functions of this appointment.

            (c)  It shall be the responsibility of each Cabinet Department to make every reasonable effort to cooperate with the Advisory Team in carrying out the provisions of this order.

            (d)  The Division of Mental Health, Mental Retardation and Substance Abuse Services shall provide funding for the travel and subsistence costs incurred by the Chairman of the Advisory Team.

 

            Section 4. EFFECTIVE DATE AND EXPIRATION

            This Executive Order shall become effective immediately and will expire in accordance with North Carolina law two years from the date it is signed.  It is subject to reissuance at expiration.

 

            Done in the Capital City of Raleigh, this the 1st day of March, 1989.

 

EXECUTIVE ORDER NUMBER 86

 

MINIMIZATION OF SOLID, HAZARDOUS, AND INFECTIOUS WASTE

AND THE CONTROL OF TOXIC AIR POLLUTANTS

 

            The waste disposal problem in North Carolina is enormous.  All types of disposal practices ‑‑ from incineration to wastewater discharge to landfilling ‑‑ are adversely impacted by the sheer volumes of waste which are becoming greater per person each year.

            Clearly, North Carolina must have adequate waste treatment and disposal capacity.  Such facilities must be properly located and designed, well operated, and extensively monitored to ensure that public health and the environment are protected, including limitations on toxic air pollutant emissions.  But along with additional waste treatment and disposal capacity comes an equal if not greater need to reduce the amount of wastes generated in the first place.

            First and foremost in any long‑term solution to the waste problem is an emphasis on waste stream reduction.  No law, regulation, or program aimed at the environmentally safe disposal of wastes of any sort will ultimately be successful if it does not include as its fundamental basis a vigorous and sustained conservation effort, including incentives, education, market development, and source reduction techniques such as recycling, recovery, and reuse.  Simply disposing of wastes is no longer appropriate.  Instead, wastes must be managed with emphasis on conservation.  Conservation must be the first thought and continuing basis of all environmental and public health protection programs.

 

            ACCORDINGLY,

 

            WHEREAS, the quality of the environment in North Carolina is a key element in the continued growth and progress of the State; and

 

            WHEREAS, the State of North Carolina produces more waste than it has capacity to treat or destroy; and

 

            WHEREAS, as economic and population growth continue, the environment is relied upon more heavily each year to accept wastes which accompany such growth; and

 

            WHEREAS, it is essential that the State have adequate waste treatment and disposal facilities; and

 

            WHEREAS, incineration may play an integral role in an environmentally sound waste management system; and

 

            WHEREAS, effective control of toxic air pollutants is an essential and key element to ensure adequate protection for human health and the environment; and

 

            WHEREAS, as the most desirable waste management strategy to be undertaken, North Carolina has stated its commitment to prevention, minimization, and recycling of wastes before they impact the State's environment and is committed to reduce its dependence on landfills as a means of solid waste disposal by the year 2006;

 

            NOW THEREFORE, By the authority vested in me by the Constitution and laws of North Carolina, and consistent with statutory authorizations and powers it is ORDERED:

 

            That the State shall expand its commitment to preventing, minimizing, and recycling of wastes by incorporating waste reduction in all decisions by pollution control authorities in the following manner:

 

            SECTION 1.

                               (a)        As a condition for the issuance thereof, applicants for permits, permit modifications and permit renewals for the discharge of wastewater or incinerator emissions attendant to the treatment and disposal of solid and hazardous wastes, shall demonstrate to the satisfaction of the Secretary of the Department of National Resources and Community Development, or his designee, that, to the extent reasonably technologically and economically achievable, (i)  the applicant has undertaken source reduction and recycling techniques and methods to reduce the volume, pollutant level and/or toxicity of the same and (ii)  the wastewater discharge and incinerator emission levels sought in the applications are the lowest achievable after waste reduction; and

                               (b)        The State shall exercise its authority to obtain, review and certify information from each facility that generates, treats, stores, recycles or disposes of hazardous waste to ensure that is has a Waste Minimization Program in affect as required under Sections 3002(b) and 3005 (H) of the Hazardous and Solid Waste Amendments of 1984; and

 

            SECTION 2.

            Consistent with its statutory authorities and powers, the Environmental Management Commission shall expedite the development and promulgation of rules sufficient to control the emissions of toxic air pollutants from waste incinerators and utilize its existing statutory authority to ensure that any such permits issued after the effective date of this Order provide adequate control of toxic air emissions.

 

            SECTION 3.

            Further, consistent with its statutory authorities and powers, the Environmental Management Commission shall expedite the development and promulgation of ambient air standards for toxic pollutants.

 

            SECTION 4.

            All Executive Orders or portions of Executive Orders inconsistent herewith are hereby rescinded.

 

            Done in Raleigh, North Carolina this 1st day of March, 1989.

 

EXECUTIVE ORDER NUMBER 87

 

AMENDING EXECUTIVE ORDER NUMBER 75

CONCERNING THE RESPONSIBILITIES OF THE MEMBERS AND PERSONNEL

OF THE NORTH CAROLINA WILDLIFE RESOURCES COMMISSION

 

            Pursuant to the authority vested in me as Governor by the Constitution and the laws of North Carolina, it is ORDERED:

 

            Section 1:  Paragraph III‑3 of Executive Order No. 75 is amended to read as follows:

            "Violation of this Executive Order shall be justification for the removal of members of the Commission, the Executive Director or any person serving as Commission personnel under the Executive Director."

 

            Section 2:  This Executive Order shall become effective immediately.

 

            Done in Raleigh, North Carolina, this 27th day of April, 1989.

 

EXECUTIVE ORDER NUMBER 88

 

COLUMBUS VOYAGES QUINCENTENARY COMMISSION

 

            Recognition of the heritage of the United States of America is a vital part of good citizenship.  The year 1992 marks the five hundredth anniversary of the voyages of discovery by Christopher Columbus.  His voyages joined the New World to the Old and were decisive events at the dawn of the modern era of human history.

            It is appropriate that citizens in the State of North Carolina join with their fellow Americans throughout our Nation to plan, promote, and assist statewide and local celebrations and observances of this important event.

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

                           (a)        The Columbus Voyages Quincentenary Commission is hereby established under the Department of Administration.  The Commission shall be composed of not less than twelve (12) members appointed by the Governor to serve at the pleasure of the Governor throughout their terms.  Of the members, one shall be the Director of the Division of Archives and History in the North Carolina Department of Cultural Resources, who shall serve as the liaison between the national and state commissions.  Another shall be the Secretary of the Department of Cultural Resources or her designate.  Members shall be appointed for the life of the Commission.  Vacancies shall be filled by the Governor.  The Governor shall designate one of the members as chairman and at least one member as vice‑chairman.

                           (b)        The Commission shall meet at the call of the Chairman, at the times and places which he or she deems appropriate.

                           (c)        The Commission shall have the following duties:

                               (1)        Coordinate activities through the Director of the Division of Archives and History with the national Christopher Columbus Quincentenary Jubilee Commission created by P.L. 98‑375;

                               (2)        Procure supplies, services, and property, and make contracts, in fulfillment of its purpose;

                               (3)        Prescribe regulations under which the Commission may accept, use, solicit, and dispose of donations of money, property, or personal services;

                               (4)        Plan and develop appropriate ceremonial and educational activities to commemorate the quincentenary of the voyages of Columbus, including a limited number of projects to be undertaken by the State;

                               (5)        Provide advice and assistance to private organizations and local governments for organization of and participation in ceremonial and educational activities commemorating the quincentennial;

                               (6)        Serve as a clearinghouse for the collection and dissemination of information about quincentennial events and plans in the State;

                               (7)        Encourage State agencies to develop quincentenary programs such as the creation of public programs in State and local parks, museums, and libraries;

                               (8)        Seek cooperation, advice, and assistance from both private and governmental agencies and organizations, including local governments, learned societies, academic institutions and historical, patriotic, philanthropic, civic, and professional groups; and

                               (9)        Submit an annual report to the Governor until such Commission terminates.  The first such report shall include specific recommendations for commemoration and coordination of quincentenary activities.

                           (d)        Administrative support for this Commission shall be provided by the Department of Administration.  Upon the request of the Commission, the head of any state agency may assign any employee of such agency to assist the Commission in its duties under this Executive Order.  Such assistance shall be without reimbursement by the Commission to the agency.

                           (e)        Members of the Commission may be reimbursed for necessary travel and subsistence expenses as authorized by N.C.G.S. 138‑5.  Members who are State officials or employees shall be reimbursed as authorized by N.C.G.S. 138‑6.  Funds for reimbursement of such expenses shall be made available from funds authorized to the Department of Administration.

                           (f)        This order shall be effective immediately and shall terminate on March 1, 1993.

 

            Done in Raleigh, North Carolina this 8th day of May, 1989.

 

EXECUTIVE ORDER NUMBER 89

 

TRANSFERRING THE STATE EMPLOYEES' ADVISORY GROUP (SEAG)

TO THE OFFICE OF STATE PERSONNEL

 

            The State Employees' Advisory Group (SEAG) was created by Governor James B. Hunt's Management Directive on Productivity Number 4.  It is now under the supervision and control of the Governor's Management Council in the Department of Administration.  It was created to promote employee involvement in the improvement of production and the quality of work life in State government.

 

            By the authority vested in me by the Constitution and laws of North Carolina, NOW, THEREFORE, IT IS ORDERED:

 

            Section 1.  SUPERVISION

            The functions and powers of the Secretary of the Department of Administration relating to the administration of the State Employees' Advisory Group (SEAG) are hereby transferred to the Employee Relations Division of the Office of State Personnel.  These functions, powers and duties include any duties that are currently or may in the future be assigned to SEAG, either by statute or by agreement among the various State Departments, Commissions, or other entities of State government.

 

            Section 2.  MEMBERS

            The current SEAG members shall continue to serve and future members shall continue to be selected by the procedures now in place.  Vacancies shall be filled by the person responsible for the former appointment to the vacant position.

 

            This Executive Order is effective immediately and shall remain effective unless rescinded by further Executive Order.

 

            This the 8th day of May, 1989.

 

EXECUTIVE ORDER NUMBER 90

 

GOVERNOR'S ADVISORY COUNCIL ON LITERACY

 

            North Carolina's economy is changing in fundamental ways.  Employment in agriculture and low‑skill manufacturing is declining.  This decline is offset by new jobs in other industries which require different, higher‑level skills.  Unless effective steps are taken to upgrade the basic skills of the existing and future work force, North Carolina's economy will suffer.

            Improving the literacy of North Carolina's citizens is key.  Nonreading adults in North Carolina are likely to be locked in low‑paying jobs.  These adults do not possess the reading abilities necessary to learn new, higher‑level skills.

 

            THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  ESTABLISHMENT

            The Governor's Advisory Council on Literacy, hereinafter "The Council," is hereby established to replace the Governor's Literacy Council created by Executive Order Number 32.  The Council shall consist of not less than 19 persons appointed by the Governor.

 

            Section 2.  MEMBERSHIP

            The membership of the Council shall include, but not be limited to, the following members:

                           1.         The President of the Community College System, or someone designated by that person, and one representative nominated by the State Board of Community Colleges;

                           2.         The Director of the North Carolina Literacy Association, or someone designated by that person, and one representative nominated by the Board of Directors of the North Carolina Literacy Association;

                           3.         One representative of another literacy program;

                           4.         The State Superintendent of Public Instruction, or someone designated by that person;

                           5.         One representative of the State Senate to be nominated by the Lieutenant Governor;

                           6.         One representative of the State House of Representatives to be nominated by the Speaker of the House;

                           7.         Five representatives of business and industry to be appointed by the Governor;

                           8.         One representative of the University of North Carolina to be nominated by the President of that University;

                           9.         One representative of the Association of Private Colleges and Universities to be appointed by the Governor; and

                           10.        Four members‑at‑large to be appointed by the Governor.

            Members of the Council shall serve two‑year staggered terms, except that nine members of the initial Council shall be appointed for one‑year terms, and the remainder shall be appointed for two year terms.  The Governor shall determine which members serve these initial terms.

            Except for the President of the Community College System, the Director of the North Carolina Literacy Association and the State Superintendent of Public Instruction or their designees, all members serve at the pleasure of the Governor.  All vacancies shall be filled by the Governor.  When filling vacancies involving persons nominated and appointed pursuant to subsections 1, 2, 5, 6, 8 above, the Governor shall solicit replacement nominations from the appropriate authority.  The Governor shall designate one member to serve as Chairperson of the Council.

 

            Section 3.  FUNCTIONS

            A.  The Council shall meet regularly at the call of the Chairperson.

            B.  The Council shall develop and deliver to the Governor a long‑range plan designed to expand literacy education efforts in the workplace.  The plan shall designate the various State agencies which must cooperate to implement these efforts.  Funding for this plan shall be included in the Council's recommended comprehensive program budget.

            C.  The Council may establish an adjunct Technical Committee composed of literacy service providers, instructors, administrators, and program participants.  Such a committee would serve as a source of practical advice regarding policy initiatives being considered by the Council.  The Governor shall designate the members and Chairperson of such a Committee. The Committee would meet at the call of either its Chairperson or the Council's Chairperson.

            D.  The Council shall seek to establish a Literacy Trust Fund.  It shall recommend the goals, the areas of eligible activity, the disbursement mechanisms, and the funding criteria for such a Fund to the Governor.

            E.  The Council shall develop and deliver to the Governor financial and service recommendations for State literacy programs and resources.  In this regard, the Council shall build on the information previously gathered by the Governor's Commission on Literacy to review the existing:

                               1.         Literacy services and resources;

                               2.         Numbers of persons served by these services;

                               3.         Gaps in literacy service;

                               4.         Coordination among literacy services;

                               5.         Characteristics and needs of the target populations for literacy services; and

                               6.         Delivery of literacy services to these populations.

            F.  The Council shall propose to the Governor (1)  a comprehensive program budget for all literacy activities in every State agency, (2)  program performance objectives, and (3)  timetables for accomplishing goals.  In proposing a literacy program budget, the Council shall give a high priority in funding to the research and development of promising innovative literacy programs.

            G.  The Council shall foster cooperation and coordination among state agencies and private sector literacy services to achieve the maximum possible impact from existing programs and eliminate duplicative efforts.

            H.  The Council shall work to develop methods to measure literacy program performance and student progress in order to more precisely monitor program achievements.

            I.  The Council shall work to increase the professional capabilities of existing literacy educators.  The Council shall also encourage development of professional, full‑time literacy educators.  In this regard, the Council shall arrange to provide statewide technical assistance in pedagogy, literacy program design, and curriculum development for adult learners.  The Council shall also develop mechanisms to provide practical assistance and support to volunteer teachers.

            J.  The Council shall promote literacy programs and raise awareness of illiteracy among both the general public and the business community.

            K.  The Council shall foster coordination of current state agency literacy programs in order to most effectively reach those in need of literacy services.  The Council shall work to develop several varied intervention strategies for the population of adult learners.

            L.  The Council shall develop programs for family literacy education for the parents of children at risk of illiteracy.

 

            Section 4.  ADMINISTRATION

            A.  Administrative support and staff for the Council shall be provided by the Department of Administration.

            B.  Members of the Council shall be reimbursed for necessary travel and subsistence expenses as authorized under N.C.G.S. 138‑5 and 138‑6.  Funds for the reimbursement of such expenses shall be made available from funds authorized to the Department of Administration.

            C.  Each cabinet department shall make every reasonable effort to cooperate with the Council to implement the provisions of this order.

 

            Section 5.  IMPLEMENTATION AND DURATION

            This Executive Order shall become effective immediately and shall expire in accordance with North Carolina law two years from the date on which it is signed.  It is subject to reissuance or extension at the discretion of the Governor.

 

            Done in Raleigh, North Carolina, this 18th day of May, 1989.

 

EXECUTIVE ORDER NUMBER 91

 

NORTH CAROLINA MOTOR CARRIER ADVISORY COUNCIL

 

            The motor carrier industry is an important industry to North Carolina and to the United States.  Coordination with other states' laws and federal laws benefit the motor carrier industry, businesses served by the motor carrier industry, and the citizens of North Carolina.

 

            NOW, therefore, by authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  ESTABLISHMENT

            There is hereby created and established the North Carolina Motor Carrier Advisory Council.  The Advisory Council shall be composed of not less than seventeen (17) members as follows:

The Secretary of the Department of Transportation or his designee;

The Highway Administrator or his designee;

Commissioner, Division of Motor Vehicles or his designee;

Director, Motor Fuel Division, Department of Revenue or designee;

Director, Governor's Highway Safety Program or designee;

North Carolina Utilities Commission, Transportation Division representative;

North Carolina State Highway Patrol representative;

At least six members from the motor carrier industry representing the following areas:  heavy duty and rigging, truckload, less than truckload, trucking association, private carrier, tank/bulk;

Representative of the state bus association;

At least three (3) members representing the interests of intra‑state truck users.

National Motor Carrier Advisory Committee members shall serve as ex‑officio members of the North Carolina Council.

All public members shall be appointed and serve at the pleasure of the Secretary of the Department of Transportation.  They shall serve two‑year terms.

The Secretary of the North Carolina Department of Transportation or his designee shall chair the Advisory Council.

The Secretary of Transportation may designate a co‑chair from among the public members of the Council.

 

            Section 2.  DUTIES

            The Advisory Council shall have the following duties:

                           1.         To review current laws, policies, and procedures regarding taxation, regulation, and safety of the motor carrier industry in North Carolina;

                           2.         To determine the extent to which these laws, policies, and procedures are consistent with those in other states;

                           3.         To work cooperatively with the National Governors' Association, the Federal Highway Administration, and other organizations in an effort to streamline and improve uniformity and efficiency among the states in motor carrier taxation, regulation, and other related matters;

                           4.         To advise the Governor and make recommendations concerning the motor carrier industry.

 

            Section 3.  ADMINISTRATION

            The Department of Transportation shall provide the planning, technical, and administrative support for the Advisory Council.

 

            Section 4.  EXPENSES

            Members of the Council shall be compensated for their per diem expenses as provided in N.C. General Statutes 138‑5 and 138‑6.  These expenses shall be provided from funds made available from the Department of Transportation.

 

            Section 5.  AGENCY COOPERATION

            Every agency and department of state government is directed to cooperate with the Council by providing necessary information requested by the Council and to provide the Council on a timely basis departmental directives and procedures applied within the agency or department which affect the motor carrier industry.

 

            Section 6.  EFFECTIVE DATE

            This Order shall be effective immediately and shall remain in effect as provided by N.C. General Statutes 147‑16.2.

 

            Done in the Capital City of Raleigh, North Carolina, this 18th day of May, 1989.

 

EXECUTIVE ORDER NUMBER 92

 

ESTABLISHING THE WESTERN NORTH CAROLINA ENVIRONMENTAL COUNCIL

 

            The counties of Western North Carolina are among the most environmentally and economically important areas of the State.  Like elsewhere in the State, population increases and the needs of today's society are bringing changes to these counties requiring that choices be made as to the means by which the environmental and economic needs of the area can best complement each other.  When such choices are to be made it is important that interested parties be fully, accurately and timely informed as to all aspects of the choices that are to be made and the issues that are to be decided.  This executive order is to provide an effective means for achieving that end.

 

            THEREFORE, pursuant to authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

            Section 1:  There is hereby created the Western North Carolina Environmental Council.  The purpose of the Council shall be to act as a forum in which environmental and economic concerns in Western North Carolina may be openly inquired into and discussed, to the end that interested parties may be fully, accurately and timely informed as to all aspects of the choices that are to be made and the issues that are to be decided concerning them.

 

            Section 2:  As used herein "Western North Carolina" shall include the following counties and such other geographical areas as the Council from time to time deems appropriate, either on a permanent or ad hoc basis:

            Alleghany                                  Macon

            Ashe                                         Swain

            Avery                                        Madison

            Buncombe                                 McDowell

            Burke                                        Mitchell

            Caldwell                                    Polk

            Cherokee                                   Rutherford

            Clay                                          Transylvania

            Graham                         Watauga

            Haywood                                   Wilkes

            Henderson                                 Yancey

            Jackson

 

            Section 3:  The Council shall be composed of eighteen members in addition to the chairman and ex officio members.  Council members shall be appointed by the Governor and shall consist of persons found by the Governor to be interested in and knowledgeable about the environment and economic affairs of Western North Carolina.  Each member shall serve for such term as the Governor shall prescribe in appointing him.  The Secretaries of the Departments of Commerce, Human Resources, Natural Resources and Community Development and Transportation or their designees shall be ex officio members of the Council.

 

            Section 4:  The Lt. Governor shall be chairman of the Council.  There also shall be a vice‑chairman appointed by the Governor from among the Council members.  The chairman and vice‑chairman shall serve for such terms as the Governor shall prescribe.

 

            Section 5:  The Council shall meet regularly at least quarterly at such places, on such dates and at such times as the Chairman shall direct.  All such meetings shall be held in Western North Carolina unless the Council shall direct otherwise. Special meetings of the Council shall be held on the call of the Chairman at such places, on such dates and at such times as the Chairman shall direct or at the call of at least a majority of the Council members, excluding the Chairman.

 

            Section 6:  The Chairman, and in his absence the Vice‑Chairman and in both their absences a Council member designated by the Chairman, shall preside at all Council meetings.  Council business shall be conducted according to rules adopted by the Council at its first meeting.  Matters coming before the Council that are not covered by the rules shall be determined according to Robert's Rules of Order.  Minutes of Council meetings and the records of the Council shall be kept by a Secretary chosen by the Council from among its members, or otherwise, at the first meeting of the Council.

 

            Section 7:  The Council shall be served by three permanent committees and such other committees and subcommittees as the Council shall direct.  Committee and subcommittee duties, procedures and duration shall be as the Council prescribes.  Committee and sub‑committee members shall be appointed by the Chairman.  The three permanent committees shall be:

                           (a)        Agenda Committee

                           (b)        Public Information Committee

                           (c)        Technical Resource Committee

 

            Section 8:  In carrying out its purpose the Council shall:

            (a)  At its own initiative or at the request of public bodies, public officials or members of the public, select matters of environmental and/or economic concern to Western North Carolina and place them upon the Council agenda for consideration.

            (b)  Conduct public hearings concerning matters upon the Council agenda at which members of the public may present and explain to the Council their views.

            (c)  Conduct investigations into matters upon the Council agenda and announce the results of their investigations to the public.

            (d)  Make reports concerning matters upon the Council agenda to the affected parties, the Governor and other appropriate public officials, persons requesting such reports and the public.

 

            Section 9:  The administrative departments of State Government, including the component campuses of the University of North Carolina and the Community College System, shall render assistance to the Council upon request.  The Departments of Administration, Human Resources, Natural Resources and Community Development and Transportation, together, shall furnish the Council with such staff as it reasonably shall need.  The Secretaries of the four departments shall meet with the Chairman of the Council immediately after the date of the Council's first meeting and agree with him as to how such staff needs shall be furnished.

 

            Section 10:  Council members shall be reimbursed for necessary travel and subsistence expenses as authorized under G.S. §138‑5 and §138‑6.  Funds for the reimbursement of such expenses shall be made available from funds appropriated to the Departments of Administration, Human Resources, Natural Resources and Community Development and Transportation as directed by the Director of the Budget.

 

            Section 11:  This Executive Order shall become effective immediately and shall expire in accordance with North Carolina law two years from the date on which it is signed.  This Executive Order is subject to reissuance or extension at the direction of the Governor.

 

            Done in Raleigh, North Carolina, this 31st day of May, 1989.

 

EXECUTIVE ORDER NUMBER 93

 

REISSUANCE OF EXECUTIVE ORDERS 8, 12, 36, 39, 43, 45, 47, 49, AND

REISSUANCE AND AMENDMENTS OF EXECUTIVE ORDERS 13 AND 29

 

SECTION I:  REISSUANCE

            Executive Order Number 8, as extended by Executive Order Number 51, established the Governor's Advisory Committee on Travel and Tourism.  It is hereby reissued without amendment and shall expire pursuant to N.C.G.S. 147‑16.2.

            Executive Order Number 12, signed on June 28, 1985, and extended by Executive Order Number 51, created the Governor's Highway Safety Commission.  It is hereby reissued without amendment and shall expire pursuant to N.C.G.S. 147‑16.2.

   Executive Order Number 36, signed on March 6, 1987, established the Governor's Task Force on the Farm Economy.  It is hereby reissued without amendment and shall expire pursuant to N.C.G.S. 147‑16.2.

Executive Order Number 39, signed on March 16, 1987, established the Board of Trustees of the State Employees Deferred Compensation Fund.  It is hereby reissued without amendment and shall expire pursuant to N.C.G.S. 147‑16.2.

            Executive Order Number 43, signed on April 7, 1987, established the North Carolina Emergency Response Commission.  It is hereby reissued without amendment and shall expire pursuant to N.C.G.S. 147‑16.2.

            Executive Order Number 45, signed on April 22, 1987, established the Governor's Language Institute Advisory Board.  It is hereby reissued without amendment and shall expire pursuant to N.C.G.S. 147‑16.2.

            Executive Order Number 47, signed on April 28, 1987, amended and re‑established the North Carolina Fund For Children and Families Commission.  It is hereby reissued without amendment and shall expire pursuant to N.C.G.S. 147‑16.2, unless superceded by Legislation.

            Executive Order Number 49, signed on May 20, 1987, created the Governor's Advisory Commission on Military Affairs.  It is hereby reissued without amendment and shall expire pursuant to N.C.G.S. 147‑16.2.

 

SECTION II:  REISSUANCE AND AMENDMENT

            Executive Order Number 13, signed on June 28, 1985, and extended and amended by Executive Order Number 51, created the North Carolina Health Coordinating Council.  It is hereby reissued and Section 3 of that order is amended to read as follows:

 

SECTION III:  MEMBERSHIP

            The North Carolina Health Coordinating Council shall consist of not more than 24 members who shall be appointed by the Governor.  The Council membership shall include the following representatives:

            Academic Medical Centers                                                                                              1

            Area Health Education  Centers                                                                                       1

            Business and Industry (at least one individual representing small business and one                2

            representing large business)

            Health Insurance Industry                                                                                               1

            NC Association of County Commissioners                                                             1

            NC Health Care Facilities Association                                                                              1

            NC Hospital Association                                                                                      1

            NC Association for Home Care                                                                                       1

            NC Medical Society                                                                                                       1

            NC House of Representatives                                                                                          1

            NC Senate                                                                                                                    1

            Other Health Professional Associations (e.g., Nursing, Public Health, Dentistry,                   3

                        Pharmacy, Chiropractic, etc.)

            Regional Representation (To provide adequate representation to all regions of the               6‑8

            State.  Emphasis should be on consumers of health care who are involved in health

            planning efforts at the regional level.)

            Veterans Administration                                                                                      1

 

            Executive Order Number 29, signed by the Governor on October 2, 1986, is hereby reissued and amended by deleting from Section 3 of that Order the words, "the Task Force shall meet at least once a month, or as frequently as desired by the Task Force members" and by inserting therein the words, "the Task Force shall meet at the call of the Chairman."

 

            Done in Raleigh this 20th day of June, 1989.

 

EXECUTIVE ORDER NUMBER 94

 

REISSUANCE OF EXECUTIVE ORDER NUMBER 15

AND EXTENSION OF EXECUTIVE ORDER NUMBER 71

 

            By the authority vested in me as Governor by the Constitution and laws of the State of North Carolina, it is ORDERED:

 

            Executive Order Number 15 as amended by Executive Order Number 59 established the Juvenile Justice Planning Commission.  Those orders are hereby reissued effective July 1, 1989.  They shall remain in effect until June 30, 1993.

            Executive Order Number 71 established the Governor's Task Force on Rail Passenger services.  The expiration date of that Order is hereby extended until December 30, 1991.

 

            Done in Raleigh, North Carolina this 14th day of July 1989.

 

EXECUTIVE ORDER NUMBER 95

 

(REPLACING EXECUTIVE ORDER NO. 57)

GOVERNOR'S BLUE RIBBON COMMISSION ON COASTAL INITIATIVES

 

            Executive Order Number 57, executed November 23, 1987 is hereby repealed and replaced in its entirety by this Executive Order.

            North Carolina's coastal sounds and waterways represent unique and invaluable natural and historic resources for all the people of North Carolina.

            The use and preservation of these resources is especially important to those recreational boaters, sports fishermen and vacationers who utilize our coastal areas.

            In order to protect these natural and historic resources, provide for the orderly growth of marine related activity, and promote environmentally sound economic development along our coast, it is essential that North Carolina develop and implement a Coastal Initiatives Plan.  This plan should work to enhance the quality of our coastal environment by clustering marine related development in carefully selected locations while other more ecologically sensitive areas are given increased environmental protection.

            Therefore, by authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1:  ESTABLISHMENT

            There is hereby established the Governor's Blue Ribbon Commission on Coastal Initiatives.

 

            Section 2:  MEMBERSHIP

            The Commission shall be composed of not less than 10 members appointed by the Governor.  The membership shall include the Secretaries of:

                                                               a.          Department of Natural Resources and Community Development

                                                               b.         Department of Commerce

                                                               c.          Department of Administration

                                                               d.         Department of Transportation

                                                               e.          Department of Human Resources

                                                               f.          Department of Cultural Resources

In addition to those representatives set forth above, the Commission shall include representatives from interested environmental groups, local governments and marine activity related businesses.  All members heretofore named pursuant to Executive Order 57 retain their appointments to this Commission to serve at the pleasure of the Governor.

            The Governor shall designate the chairman of the Commission and all members shall serve at the pleasure of the Governor.  All vacancies shall be filled by the Governor.

 

            Section 3:  MEETINGS

            The Commission shall meet at such times and at such locations as directed by the Chairman.

 

            Section 4:  DUTIES

            (i)  It shall be the responsibility of the Commission to develop and implement a long‑term plan to provide additional protection for environmentally sensitive areas in the 20 coastal counties and to encourage and facilitate clustered development in selected local communities seeking to improve shoreline and marine activity related development.

            Recommendations and areas of program implementation in the plan shall include, but not be limited to:

‑           protection measures for marine, coastal and  historic resources

‑           navigation aids, including a waterways system plan

‑           incentives to support local community shoreline or marine activity related economic development

            (ii)  The Commission shall have the authority to advise and recommend such policies, goals and plans as its members may deem appropriate to the Secretary of the North Carolina Department of Natural Resources and Community Development or its successor agency.

 

            Section 5:  ESTABLISHMENT OF ADMINISTRATIVE AUTHORITY

            The Secretary of the North Carolina Department of Natural Resources and Community Development or its successor agency is designated as the chief operating official of this Commission.  In such capacity, the said Secretary shall:

                                                               (i)         Receive the advice and recommendations of the Commission concerning the policies and goals of the Coastal Initiative Plan.

                                                               (ii)        With the approval of the Governor, establish the final policies, goals, and plan of this Coastal Initiative.

                                                               (iii)       Establish such interdepartmental working groups as he may deem necessary to carry out the policy, goals and plan of this Coastal Initiative.

                                                               (iv)       Be responsible for implementing such governmental actions as he deems necessary to carry out the policies, goals and plan of this Coastal Initiative.

                                                               (v)        Call upon the various secretaries of the several departments named in Section 2 of this ORDER to assist him to carry out the duties set forth in this section.

 

            Section 6:  ADMINISTRATIVE SUPPORT AND EXPENSES

            The North Carolina Department of Natural Resources and Community Development shall provide the necessary staffing and administrative support for the Commission.  All of the various department secretaries listed in Section 2 of this ORDER shall assist the Secretary of the North Carolina Department of Natural Resources and Community Development or its successor agency in this undertaking by rendering such attendance, staffing, and assistance as may be requested by the said chief operating official in order to implement this Coastal Initiative.

            Members of the Commission shall be entitled to such per diem expenses and reimbursement for travel expenses as authorized under N.C.G.S. 138‑5.  Members who are State employees shall be reimbursed as authorized by N.C.G.S. 138‑6.

            Funds for reimbursement of these and other administrative expenses of the Commission shall be made available from funds provided by the North Carolina Department of Administration, the North Carolina Department of Transportation, and the North Carolina Department of Natural Resources and Community Development, the Department of Commerce and the Department of Cultural Resources as authorized and directed by the Office Management and Budget.

 

            Section 7:  EFFECTIVE DATE

            This ORDER shall be effective immediately, and shall remain in effect until December 31, 1992.

 

            Done in the City of Raleigh, State of North Carolina, this the 25th day of July, 1989.

 

EXECUTIVE ORDER NUMBER 96

 

AMENDING EXECUTIVE ORDER NUMBER 92

ENTITLED

            ESTABLISHING THE WESTERN NORTH CAROLINA ENVIRONMENTAL COUNCIL

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

            Section 3 of Executive Order Number 92 is amended by adding to the list of ex officio members of the Council the Secretary of the Department of Administration.

 

            This amendment shall be effective immediately.  All other sections and provisions of Executive Order Number 92 shall remain in effect and unchanged.

 

            Done in Raleigh, this 25th day of July 1989.

 

EXECUTIVE ORDER NUMBER 97

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 80

NORTH CAROLINA DRUG CABINET

 

            By authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 2 of Executive Order Number 80 entitled "North Carolina Drug Cabinet" is amended by adding to the membership of the Cabinet the Secretary of Environment, Health and Natural Resources.

 

            All other sections and provisions of Executive Order Number 80 shall remain in effect.

 

            This order shall be effective immediately and shall remain in effect until terminated.

 

            Done in Raleigh, North Carolina, this the 26th day of September, 1989.

 

EXECUTIVE ORDER NUMBER 98

 

HURRICANE HUGO RELIEF

 

            WHEREAS, I have proclaimed that a State of disaster exists in certain areas of North Carolina due to the effects of Hurricane Hugo; and

            WHEREAS, a State of emergency has been declared in the State of South Carolina and the Governor of South Carolina has requested that the State of North Carolina temporarily waive weight restrictions on the gross weight of trucks transporting trees and by‑products from the disaster caused by Hurricane Hugo and weight and license requirements thereon; and

            WHEREAS, pursuant to Chapter 166A, the North Carolina Emergency Management Act, and by the authority vested in me as Governor of the State of North Carolina by the Constitution and laws of this State, and with the concurrence of the Council of State; and

            WHEREAS, for the purpose of relieving human suffering caused by Hurricane Hugo it is ORDERED;

 

            Section 1:  That for a period of time beginning immediately until 4 December 1989 the State of North Carolina under the supervision and direction of the Department of Transportation and Division of Motor Vehicles will waive weight restrictions on the gross weight of vehicles transporting trees and by‑products coming out of the State of South Carolina subject to the following conditions:

                                                                   (1)        Vehicle weight will not exceed the maximum gross vehicle weight criteria established by the manufacturer.

                                                                   (2)        The vehicles will be allowed only on primary and interstate routes to be designated by the Department of Transportation.

                                                                   (3)        The vehicles will, upon entering the State of North Carolina stop at the first available vehicle weight station and produce identification sufficient to establish that the load contained thereon is part of the Hurricane Hugo relief effort.

 

            Section 2:  The vehicle described above will be exempt from the vehicle licensing and tax requirements of N.C.G.S. 105, Subchapter 5, Article 36B.

 

            Section 3:  The North Carolina Department of Transportation shall enforce the conditions set forth in Section 1 and Section 2 in a manner in which would best accomplish the implementation of this rule without endangering the motorists on North Carolina highways.

 

            This Order is effective immediately and shall remain in effect until December 4, 1989.

 

            This the 3rd day of November 1989.

 

EXECUTIVE ORDER NUMBER 99

 

GOVERNOR'S COMMISSION ON REDUCTION OF INFANT MORTALITY

 

            Whereas, the State of North Carolina has the highest infant mortality rate among the states; and

            Whereas, the infant mortality rate increased from 11.6 deaths to 12.1 deaths per 1,000 live births between 1986 and 1987, a four and three‑tenths percent (4.3%) increase; and

            Whereas, the infant mortality rate increased from 12.1 deaths to 12.6 deaths per 1,000 live births between 1987 and 1988, a four and one‑tenth percent (4.1%) increase; and

            Whereas, babies who are born prematurely or weigh less than 5 1/2 pounds at birth are 40 times more likely to die within the first month of life as are normal weight babies; and

            Whereas, the cost of intensive care for one low birth weight infant ranges from $30,000 to several hundred thousand dollars in a neonatal intensive care nursery to save its life; and

            Whereas, premature infants are at a high risk for long‑term handicapping conditions including mental retardation, cerebral palsy, and blindness, which often require continued support from tax dollars for their care; and

            Whereas, the cost of intensive neonatal care for five low birth weight babies would pay for the prenatal care of 149 women; and

            Whereas, in November 1988, two reports were released which outlined problems and made definitive recommendations concerning the problems of infant mortality and prenatal care, one report having been prepared by the North Carolina Department of Human Resources Infant Mortality Task Force and the second by the North Carolina Institute of Medicine's Task Force to Reduce Infant Mortality and Morbidity; and

            Whereas, one of the high priority recommendations listed in both reports is the initiation of a coordinated effort among state and local agencies and the business community particularly to educate the public concerning prenatal care as well as other efforts to promote the birth of healthy babies and reduce infant mortality in the State of North Carolina; NOW, THEREFORE,

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1. Establishment.  I hereby establish the Governor's Commission on Reduction of Infant Mortality.

 

            Section 2. Membership.  The Commission shall consist of not less than 27 members.  The Governor of North Carolina shall appoint at least 25 persons as members of the Commission.  These 25 appointees shall be distributed as follows:

 

            No. of Appointees                      Representing

                        3                                  Organizations or associations described in Chapter 61 of the North Carolina General Statutes and qualified under Sec. 501(c)(3) of the Internal Revenue Code of 1986.

                        3                                  the various professions, businesses, and industries doing business in North Carolina

                        3                                  members of the general public

                        1                                  Public education

                        1                                  the North Carolina Nurses Association

                        1                                  the North Carolina Society of Public Health Educators

                        1                                  the North Carolina Association of Local Health Directors

                        1                                  the School of Public Health, University of North Carolina (Chapel Hill)

                        1                                  the North Carolina Academy of Family Physicians

                        1                                  the North Carolina Pediatric Society

                        1                                  the North Carolina Obstetrics and Gynecology Society

                        1                                  the North Carolina Hospital Association

                        1                                  the North Carolina Perinatal Association

                        1                                  N.C. Chapter, American College of Nurse ‑ Midwives

                        1                                  other Health Care Provider Professions

 

            In addition to the above members, the Governor shall seek recommendations from the following groups for the purpose of making the following appointments:

 

            No. of Appointees                      Representing

 

                        2                                  the North Carolina Institute of Medicine

                        2                                  the North Carolina Chapters of the March of Dimes Birth Defects Foundation

 

            The Speaker of the House of Representatives of the North Carolina General Assembly shall appoint one member who shall be, at the time of appointment, a duly elected and serving member of the House of Representatives of the North Carolina General Assembly.

            The President of the Senate of the North Carolina General Assembly shall appoint one member who shall be, at the time of appointment, a duly elected and serving member of the Senate of the North Carolina General Assembly.

 

            Section 3. Chairmanship and Terms.  The Governor shall designate from the membership a Chairperson and Vice‑Chairperson of the Commission.  Members totalling one‑third (1/3) or less of the total membership of the Commission shall be appointed to initial terms of one (1) year each.  Members totalling one‑third (1/3) or less of the total membership of the Commission shall be appointed to initial terms of two (2) years each.  The remaining members shall be appointed to initial terms of three (3) years each.  After completion of these initial terms, all appointees shall be appointed to terms of three (3) years each.  Members may be reappointed for additional terms.  The Governor shall designate the length of each members' initial term pursuant to this section.  During their terms all members serve at the pleasure of the Governor.  All vacancies shall be filled by the appointing authority for the remainder of the unexpired term.

 

            Section 4. Meetings.  The Commission shall meet at least once each calendar quarter and at other times as directed by the Governor or upon call by the Chairperson.

 

            Section 5. Duties and Powers.  The Commission shall perform such duties as assigned by the Governor.  It shall have the following specific duties, powers and functions:

                                                                   (1)        Advise the Governor and the Secretary of the Department of Environment, Health and Natural Resources on measures necessary to reduce current rates of infant mortality and morbidity.

                                                                   (2)        Assess existing programs concerning pre‑conceptional health of women through health and welfare of infants during the first year of life, including prenatal care, whether such programs be public or private.  A primary goal of this assessment shall be the elimination of duplication and gaps in establishing effective, efficient delivery of services.

                                                                   (3)        Facilitate coordination of existing and/or proposed state and local programs relating to prenatal care and reduction of infant mortality and morbidity.

                                                                   (4)        Determine whether such existing programs as outlined above are in need of assistance in carrying out their purpose and to determine whether such programs in need of assistance would effectively benefit from such assistance as the Commission, through its association with any private, non‑profit corporation referred to in Section 6, is able to give.

                                                                   (5)        Promote programs among business and industry within the state which, if implemented and utilized by employees, would have a beneficial effect upon maternal and infant health.

 

            Section 6. Public/Private Partnership.  The Commission may, in its discretion, associate itself with and work in conjunction with a private, non‑profit organization organized pursuant to the provisions of Chapter 55A of the North Carolina General Statutes (and for which tax exempt status under the Internal Revenue Code of 1986 and under the Revenue Laws of the State of North Carolina shall have been granted), which organization shall have as its purpose the furtherance of the goals of this Order and the Commission.  The Commission shall not seek funds from the State of North Carolina for appropriation to any entity referred to under this Section.

 

            Section 7. Cooperation of State Agencies.  All state agencies, departments, and officials shall cooperate with the Commission and provide such technical advice, information, and other assistance as the Commission shall request.

            Section 8. Consultation with Existing Public Policy Groups.  In carrying out its duties and functions the Commission shall consult with the Institute of Medicine and, in the discretion of the Commission, any other medical or public or private groups which have conducted studies or have expertise in the area of infant mortality in North Carolina.

 

            Section 9. Administrative Support and Expenses.  The administrative support for the Commission shall be provided by the Department of Environment, Health and Natural Resources.

 

            Section 10. Annual Report.  The Commission shall, promptly following the close of each calendar year, submit an annual report of its activities for the preceding year to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives of the North Carolina General Assembly.

 

            This Order is effective this the 13th day of December, 1989.

 

EXECUTIVE ORDER NUMBER 100

 

EXTENSION OF EXECUTIVE ORDER NUMBER 98

 

            Whereas, at the request of the Governor of South Carolina and for the purpose of relieving human suffering caused by Hurricane Hugo, by Executive Order Number 98, I ordered the waiving of weight restrictions, licensing and tax requirements for vehicles transporting, out of South Carolina, trees uprooted or damaged by Hurricane Hugo; and

            Whereas, Executive Order Number 98 expired on December 4, 1989; and

            Whereas, the Governor of South Carolina has requested me to extend the effective date of Executive Order Number 98; and

            Whereas, extensive tree damage occurred within North Carolina as a result of Hurricane Hugo and the North Carolina forestry industry has requested that the terms and conditions of Executive Order Number 98 apply to vehicles transporting, from within North Carolina, trees uprooted or damaged by Hurricane Hugo;

            Therefore, pursuant to Chapter 166A, the North Carolina Emergency Management Act, and by the authority vested in me as Governor of the State of North Carolina by the Constitution and laws of this state, and with the concurrence of the Council of State; IT IS ORDERED;

            That the term of Executive Order Number 98 is hereby extended until February 3, 1990 subject to the following additional conditions;

            Section 1:  The waiver of weight restrictions will conform to the following guidelines:

 

                                                                   (1)        Vehicle weight will not exceed the maximum gross vehicle weight criteria established by the manufacturer or 90,000 lbs. gross vehicle weight, whichever is less.

                                                                   (2)        Tandem axle weights shall not exceed 42,000 lbs., and single axle weights shall not exceed 22,000 lbs.

 

            Section 2:  The terms and conditions of Executive Order Number 98 and the vehicle weight guidelines set forth in Section 1 above shall extend to vehicles transporting, from within North Carolina, trees uprooted or damaged by Hurricane Hugo.

 

            This the 14th day of December 1989.

 

EXECUTIVE ORDER NUMBER 101

 

AMENDING EXECUTIVE ORDER NUMBER 55

EXTENDING EXPIRATION DATE OF EXECUTIVE ORDER NUMBER 55

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            The Martin Luther King, Jr. Holiday Commission, established by Executive Order Number 55, on September 30, 1987, is hereby extended, effective September 30, 1989, through September 30, 1991.

 

            Done in Raleigh, North Carolina this the 21st day of December, 1989.

 

EXECUTIVE ORDER NUMBER 102

 

AMENDMENT TO EXECUTIVE ORDER NUMBER 88

COLUMBUS VOYAGES QUINCENTENARY COMMISSION

 

            Whereas, on May 8, 1989, I established the Columbus Voyages Quincentenary Commission under the Department of Administration by issuing Executive Order Number 88; and

            Whereas, I desire to transfer the Columbus Voyages Quincentenary Commission from the Department of Administration to the Department of Cultural Resources;

            By the authority vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED:

 

            Executive Order Number 88 is amended as follows:

            Section (a) of Executive Order Number 88 entitled "Columbus Voyages Quincentenary Commission" is amended by transferring the establishment of the Commission from the Department of Administration to the Department of Cultural Resources.

            Section (d) of Executive Order Number 88 is amended in part to read, "Administrative support for this Commission shall be provided by the Department of Cultural Resources."

            Section (e) of Executive Order Number 88 is amended in part to read, "Funds for reimbursement of such expenses shall be made available from funds authorized to the Department of Cultural Resources for such purposes."

 

            Done in Raleigh, North Carolina, this the 21st day of December 1989.

 

 

EXECUTIVE ORDER NUMBER 103

EXTENSION OF EXECUTIVE ORDER NUMBER 100

 

            Whereas, at the request of the Governor of South Carolina and for the purpose of relieving human suffering caused by Hurricane Hugo, by Executive Order Numbers 98 and 100, I ordered the waiving of weight restrictions, licensing and tax requirements for vehicles transporting, out of South Carolina, trees uprooted or damaged by Hurricane Hugo; and

            Whereas, Executive Order Number 100 expired on February 3, 1990; and

            Whereas, the Governor of South Carolina has requested me to extend the effective date of Executive Order Number 100; and

            Whereas, extensive tree damage occurred within North Carolina as a result of Hurricane Hugo and the North Carolina forestry industry has requested that the terms and conditions of Executive Order Number 100 be clarified;

            Now therefore, pursuant to Chapter 166A, the North Carolina Emergency Management Act, and by the authority vested in me as Governor of the State of North Carolina by the Constitution and laws of this state, and with the concurrence of the Council of State; IT IS ORDERED:

            That the term of Executive Order Number 100 is hereby extended until April 15, 1990 subject to the following additional conditions;

 

            Section 1.  The waiver of weight restrictions will conform to the following guidelines:

                                                                   (1)        Vehicle weight will not exceed the maximum gross vehicle weight criteria established by the manufacturer or 90,000 lbs. gross vehicle weight, whichever is less.

                                                                   (2)        Tandem axle weights shall not exceed 42,000 lbs. and single axle weights shall not exceed 22,000 lbs.

 

            Section 2.  The terms and conditions of Executive Order Number 98 and 100 and the vehicle weight guidelines set forth in Sections 1 above shall extend to vehicles transporting within North Carolina trees uprooted or damaged by Hurricane Hugo, including field chips.  This Order also applies to sawmill residues such as bark, chips and sawdust derived from such trees and produced by any sawmill located in North or South Carolina.  This Order shall specifically exclude milled lumber.

 

            Section 3.  Vehicles transporting forest products or by‑products allowed under Section 2 above are permitted reasonable access to downed timber, concentration yards and primary wood‑processing plants by way of secondary roads; provided, however, that posted limitations on light‑traffic roads and bridges must be observed.

 

            Section 4.  The driver of any vehicle transporting a cargo which originated in North Carolina and for which relief is claimed under this Order shall provide on demand to any law enforcement officer identification and authorization issued to the owner by personnel designated by the N.C. Division of Forest Resources for this purpose.

 

            Section 5.  The North Carolina Department of Transportation shall enforce the conditions set forth in Sections 1 through 4 in a manner which would best accomplish the implementation of this Executive Order without endangering the motorists on North Carolina roadways.

 

            This the 6th day of February, 1990.

 

EXECUTIVE ORDER NUMBER 104

AMENDING EXECUTIVE ORDER NUMBER 90

 

            WHEREAS, Executive Order Number 90 established the Governor's Advisory Council on Literacy; and

            WHEREAS, our public libraries play a significant role in the literacy effort across our State; and

            WHEREAS, it has been made to appear that the contribution of the Department of Cultural Resources will assist the Council in achieving its goal;

            THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:  Executive Order Number 90 is hereby amended to include the Secretary of the Department of Cultural Resources in its membership as follows:

 

            Section 2.  MEMBERSHIP

                                                                   10.        Four members‑at‑large to be appointed by the Governor; and

                                                                   11.        The Secretary of the Department of Cultural Resources, or the Secretary's designee.

 

            This Executive Order shall become effective immediately.

 

            Done in Raleigh, North Carolina, this the 8th day of February, 1990.

 

EXECUTIVE ORDER NUMBER 105

EXTENDING EXPIRATION DATE OF EXECUTIVE ORDER NUMBER 3

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            The North Carolina Advisory Council on Vocational Education, established by Executive Order Number 3, and extended by Executive Order Number 51, is hereby extended, effective May 15, 1989, through May 15, 1991.

 

            Done in Raleigh, North Carolina, this the 8th day of February, 1990.

 

EXECUTIVE ORDER NUMBER 106

AMENDING EXECUTIVE ORDER NUMBER 66

EXTENDING EXPIRATION DATE OF EXECUTIVE ORDER NUMBER 66

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            The State Employees Combined Campaign, established by Executive Order Number 66, on January 29, 1988, is hereby extended, effective January 29, 1990, through January 29, 1992.

 

            Done in Raleigh, North Carolina, this the 22 day of February 1990.

 

EXECUTIVE ORDER NUMBER 107

NORTH CAROLINA GOVERNOR'S COMMISSION ON WORKFORCE PREPAREDNESS

 

            North Carolina has enjoyed the status of being the first in economic development in the nation for three consecutive years.  In large part, this is due to the availability of a highly motivated, competent workforce which is devoted to the work ethic.

            However, global economic and technological forces are creating a new knowledge‑intensive economy that requires a highly‑adaptable and better‑educated worker.  The new workplace demands workers with good basic academic skills, problem‑solving skills, communication skills, and leadership skills.  Most importantly, employers need workers who know how to learn and can readily adapt to a changing work environment.  Yet, many North Carolinians are not prepared for the new skill requirements of the workplace.  Too many problems persist among our human resources that suggest a growing gap between the skills employers need and the skills both new and experienced workers bring to the labor market.  These problems include an unacceptable number of high school dropouts, high school graduates who show serious skill deficiencies, and adults who are unemployed, underemployed or face dislocation in the future because of illiteracy or inadequate basic skills.

            Further, projections indicate that future demographic shifts will create both opportunities and problems regarding workforce preparedness.  A shrinking pool of new workers provides us a window of opportunity to lift out of poverty those segments of our population who historically have been stalled on the lower rung of our economic ladder.  However, this same population that we will depend upon to relieve the growing labor shortage faces formidable barriers to employment because they are the least skilled of our citizens.

            The education and skill level of North Carolina's human resources are the foundation of our economic prosperity and a means by which we can increase productivity, raise our standard of living and lift our poor out of poverty.  Recognizing this basic premise, we must begin to build an education, employment and training system that will upgrade the skills of our existing workforce and prepare new workers for a constantly changing economy.

            For these reasons, I hereby establish a Commission on Workforce Preparedness to raise these concerns to the highest level of commitment among the agencies of the State of North Carolina.  Further, this Commission is to assure the greatest cooperation possible between public and private entities in resolving these concerns.

            Therefore, by authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  ESTABLISHMENT.  There is hereby established the North Carolina Governor's Commission on Workforce Preparedness.

 

            Section 2.  MEMBERSHIP  (a)  The Commission shall be composed of the following officials of the State of North Carolina and public members:

            Commissioner    ‑     Department of Labor

            Superintendent   ‑     Department of Public Instruction

            Secretary           ‑     Department of Administration

            Secretary           ‑     Department of Economic and Community Development

            Secretary           ‑     Department of Human Resources

            Secretary           ‑     Department of Correction

            President           ‑     North Carolina System of Community Colleges

            President           ‑     University of North Carolina

            Chairman          ‑     Employment Security Commission

            Chairman          ‑     State Board of Education

            Chairman          ‑     N.C. Job Training Council

            Chairman          ‑     N.C. Business Committee for Education

            Chairman          ‑     N.C. Advisory Council on Vocational Education

            Eight employers who fairly represent the spectrum of employers and the population in North Carolina.

            Three state Senators to be appointed by the Lt. Governor.

            Three representatives appointed by the Speaker of the House of Representatives.

            Three members at large.

            (b)  The Chairman shall be appointed by, and serve at the pleasure of, the Governor.

            (c)  The Secretary of Department of Economic and Community Development, the Superintendent of Public Instruction, the President of the N.C. System of Community Colleges, and the Vice President of the University of North Carolina shall be the Vice‑Chairmen of the Commission.

 

            Section 3.  MEETINGS.  (a)  The Commission shall meet at such times and locations as designated by the Chairman but not less than quarterly.  All members who are public officials shall attend all meetings in person unless prevented from doing so by illness or by their official duties having priority over their responsibilities as Commission members, in which case absent members may be represented by their designees who shall be authorized to vote.

            (b)  For the purpose of conducting business, a quorum of the Commission shall consist of 16 members or their designees.

 

            Section 4.  PURPOSE.  (a)  Our goal in establishing the Commission is to develop strategies that will upgrade the skills of our existing workforce and prepare new workers for a constantly changing economy.  Consequently, the Commission shall prepare and submit forthwith to the Governor a strategic and comprehensive plan for effectively addressing present and future workforce needs in North Carolina.

            (b)  Prior to submitting the comprehensive plan to the Governor, the Commission may develop and recommend to the Governor such intermediate measures in the areas of Workforce Preparedness as the Commission deems appropriate.

 

            Section 5.  INTER‑AGENCY COMMITTEES.  The Commission on Workforce Preparedness may establish such inter‑agency committees as are necessary to provide the Commission with expert advice and assistance.  These inter‑agency committees may consist of personnel from the public agencies and individuals from the private section.

 

            Section 6.  COOPERATION OF STATE AGENCIES.  On request all agencies and departments of the State of North Carolina shall cooperate with the Commission in the development of the comprehensive plan, and in the development and recommendation to the Governor of such immediate actions or initiatives as determined under Section 4(b) of this Order.

 

            Section 7.  ADMINISTRATIVE SUPPORT AND EXPENSES.  Those agencies and departments represented on the Commission shall provide such staff and administrative support as may be requested by the Commission.

            No per diem will be paid to commission members.  Those members of the Commission who are state employees shall receive travel and subsistence in accordance with G.S. 138‑6.  Those members of the Commission who are also members of the General Assembly shall receive travel and subsistence in accordance with G.S. 120‑3.1(a)(2)‑(a)(4).  Those members of the Commission who are not state employees shall receive travel and subsistence in accordance with G.S. 138‑5 to be paid by the Department of Administration.

 

            Section 8.  This order shall be effective immediately and shall remain in effect until terminated.

 

            Done in Raleigh, North Carolina, this the 14th day of March, 1990.

 

EXECUTIVE ORDER NUMBER 108

REESTABLISHMENT OF NORTH CAROLINA DRUG CABINET AND

RESCISSION OF EXECUTIVE ORDERS 80, 81, AND 97

 

            WHEREAS, by Executive Order Number 80, I established the North Carolina Drug Cabinet to develop and submit to the Governor a proposed comprehensive plan for effectively combating trafficking and illegal drug use in North Carolina, including appropriate punishment and for the education and treatment of those citizens suffering from drug abuse and dependency; and

            WHEREAS, on March 19, 1990, the North Carolina Drug Cabinet submitted to me a comprehensive plan for effectively combating trafficking and illegal drug use in North Carolina, including appropriate punishment and for the education and treatment of those citizens suffering from drug abuse and dependency; and

            WHEREAS, it appears to me after a thorough review of the North Carolina Drug Cabinet's comprehensive plan that implementation of the plan will be best accomplished by a central agency responsible for the coordination of the state's anti‑drug efforts;

            NOW THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  Establishment.  The North Carolina Drug Cabinet is hereby reestablished as the central agency responsible for the coordination of the state's anti‑drug effort.

 

            Section 2.  Membership.  (a)  The North Carolina Drug Cabinet shall be composed of the following officials of the State of North Carolina:

                                                                   (1)        the Lieutenant Governor;

                                                                   (2)        the Attorney General;

                                                                   (3)        the Superintendent of the Department of Public Instruction;

                                                                   (4)        the Secretary of the Department of Administration;

                                                                   (5)        the Secretary of the Department of Correction;

                                                                   (6)        the Secretary of the Department of Crime Control and Public Safety;

                                                                   (7)        the Secretary of the Department of Economic and Community Development;

                                                                   (8)        the Secretary of the Department of Environment, Health and Natural Resources;

                                                                   (9)        the Secretary of the Department of Human Resources; and

                                                                   (10)      the Secretary of the Department of Transportation.

            (b)  The Lieutenant Governor shall be the Chairman of the Cabinet.

 

            Section 3.  Meetings.  (a)  The N.C. Drug Cabinet shall meet at such times and locations as designated by the Chairman but not less than monthly.  All members shall attend all meetings in person unless prevented from doing so by illness or by their official duties having priority over their responsibilities as Drug Cabinet members, in which case absent members may be represented by their designees.

            (b)  For the purpose of conducting business a quorum of the Drug Cabinet shall consist of seven members or their designees.

 

            Section 4.  Responsibilities.  (a)  The North Carolina Drug Cabinet shall be responsible for:

                                                                   (1)        coordinating and overseeing the implementation of the comprehensive "Plan of Action for the State of North Carolina";

                                                                   (2)        developing a formal evaluation procedure for state drug and alcohol programs and to systematically evaluate on an annual basis all state drug and alcohol programs;

                                                                   (3)        monitoring state drug and alcohol programs to reduce overlap of programs;

                                                                   (4)        monitoring federal and state dollars to enhance greater utilization of available resources;

                                                                   (5)        developing a uniform system of collection and dissemination of drug and alcohol related data, research, and programmatic funding information;

                                                                   (6)        recommending to the Governor changes in state drug and alcohol policies, programs and statutes;

                                                                   (7)        assisting state agencies in disseminating information on new anti‑drug laws, policies and available support;

                                                                   (8)        linking federal and state anti‑drug and alcohol resources with state and local agencies and programs in need of support;

                                                                   (9)        coordinating the state's Challenge Program for building county and municipal task force addressing local drug and alcohol related programs and policies;

                                                                   (10)      develop a state "Partnership for Drug Free Public Housing" program which addresses the special needs of inner city communities being destroyed by drug activities;

                                                                   (11)      develop and implement the "N.C. Drug Free" public awareness campaign; and

                                                                   (12)      other duties as may be assigned by the Governor.

            (b)  The North Carolina Drug Cabinet shall report on its activities and progress on a semiannual basis to the Governor and the public.

 

            Section 5.  Advisory Councils.  The Governor's Council on Alcohol and Drug Abuse Among Children and Youth established by Executive Order 23 and the Governor's Inter‑Agency Advisory Team on Alcohol and Drug Abuse established by Executive Order 53 shall act as advisors to the Drug Cabinet.  The Drug Cabinet may establish other advisory councils as needed to provide the Cabinet with expert advice in specific areas such as law enforcement related activities, health treatment and education.

 

            Section 6.  Administrative Support and Expenses.  Those agencies and departments represented in the Drug Cabinet shall provide such staff, administrative and financial support as may be requested by the Governor.

 

            Section 7.  Rescission of Executive Orders 80, 81, and 97.  Executive Orders 80, 81, and 97 are hereby rescinded.

 

            Section 8.  This order shall be effective immediately and shall remain in effect until terminated.

 

            Done in Raleigh, North Carolina, this the 19th day of March, 1990.

 

EXECUTIVE ORDER NUMBER 109

THE NORTH CAROLINA SPORTS DEVELOPMENT COMMISSION

 

            WHEREAS, the Department of Economic and Community Development is charged with the duty of promoting and assisting in the total economic development of North Carolina; and

            WHEREAS, sporting events represent an expanding market with positive economic effects; and

            WHEREAS, it is the duty of the Sports Development Office to develop and promote efforts to recruit sporting events, sporting franchises, and training centers to North Carolina; and

            WHEREAS, an advisory commission to advise, assist, and support the Sports Development Office and the Department of Economic and Community Development in matters involving sports development initiatives is necessary.

            NOW THEREFORE, By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  Establishment.  There is hereby established the North Carolina Sports Development Commission.

 

            Section 2.  Membership.  The Governor shall appoint the members of the Commission.  The Commission shall consist of no fewer than 12 members and no more than 24 members.  Members shall be representatives of sports agencies and organizations, government entities, the business community, or individuals who have an interest in sports development.

 

            Section 3.  Terms.  All members shall serve at the pleasure of the Governor.

 

            Section 4.  Officers.  The officers of the Commission shall be a Chairman, Vice‑Chairman, and Secretary.  The Governor shall designate a Chairman from the membership.  The Vice‑Chairman and Secretary shall be elected by the Commission.  All officers shall serve for a term of one (1) year.  Vacancies in any office shall be filled for the unexpired term by election or appointment depending on the office vacated.  The officers shall have the following duties:

Chairman:                     It shall be the duty of the Chairman to preside at all meetings of the Commission, to appoint all committee chairmen, to assist all chairmen in planning of committee activities, to supervise all chairmen as to the management of committee plans, to call all special meetings with the approval of the Assistant Secretary for Economic Development, and to be an ex officio member of all committees.

Vice‑Chairman:  The Vice‑Chairman shall assist the Chairman and in the absence of the Chairman shall perform the duties of the office of the Chairman.  The Vice‑Chairman shall accept special assignments from the Chairman and perform other such duties as delegated by the Commission.

Secretary:                      The Secretary shall be responsible for the minutes of the meetings of the Commission and the Executive Committee, and shall keep an up‑to‑date list of names and addresses of Commission members and a record of their attendance at meetings.

 

            Section 5.  Executive Committee.  There shall be an Executive Committee consisting of the Officers of the Commission, the Assistant Secretary for Economic Development, and the Director and the Assistant Director of the Sports Development Office.  The Executive Committee may exercise all of the operating authority of the full Commission within the power delegated to it by the Commission.  The full Commission shall remain responsible for the actions of the Executive Committee and shall remain responsible for supervision of the Executive Committee.

 

            Section 6.  Meetings.  The Commission shall meet at least quarterly.  Members shall receive notice of full Commission meetings at least twenty‑one (21) days prior to the meeting.  A quorum shall consist of a majority of the current Commission membership.  The 1989 revised edition of Roberts Rules of Order shall be the parliamentary authority for all matters of procedure.

 

            Section 7.  Administrative Support and Expenses.  The staff of the Sports Development Office shall provide administrative support to the Commission.  A Sports Development Office staff member shall serve as Administrator to the Commission.  Permanent records of all Commission business shall be maintained in the Sports Development Office and shall be the responsibility of the Administrator.  While on official business, members of the Commission who are State employees will review necessary travel and subsistence expenses as authorized by N.C.G.S. 138‑6.  Members of the Commission who are not State employees will receive per diem, travel and subsistence as authorized by N.C.G.S. 138‑5.  Funds for reimbursement of such expenses shall be made available from funds authorized by the Sports Development Office.

 

            Section 8.  Duties and Powers.  The Commission shall perform such duties as assigned by the Governor.  It shall have the following specific duties, powers, and functions:

                                                                   (1)        assist the Sports Development Office in planning and implementation of sports development initiatives;

                                                                   (2)        act as spokespersons for the State of North Carolina in its efforts to attract sports activities;

                                                                   (3)        assist in the creation and updating of directories containing the following information:

                                                                        A.         current sporting events being held in our State;

                                                                        B.         facilities available for sporting events in our State; and

                                                                        C.         available sporting events and bid deadlines;

                                                                   (4)        assist the Sports Development Office in forming a partnership with the governing associations of sporting activities, the North Carolina business community, individuals who conduct major and minor sporting events, and key facility managers in our state;

                                                                   (5)        assist in bid preparation and project promotion; and

                                                                   (6)        advise and assist in the development of future goals and objectives for the Sports Development Office.

            The Commission's role shall be advisory in nature.  All decisions regarding the adoption of policies shall be the responsibility of the Secretary of the Department of Economic and Community Development and the Sports Development Office.

 

            Section 9.  Semiannual Report.  The Commission shall report semiannually to the Governor regarding the progress of sports development in North Carolina.

 

            This Order is effective immediately and shall remain in effect until March 29, 1992, unless amended or extended by further Executive Order of the Governor.

 

            Done in Raleigh, North Carolina, this the 29th day of March, 1990.

 

EXECUTIVE ORDER NUMBER 110

GOVERNOR'S ADVISORY COUNCIL ON INTERNATIONAL TRADE

 

            WHEREAS, international trade is an important factor in the growth of the economy of our State; and

            WHEREAS, it has been made to appear to me that an advisory council is necessary to foster international trade;

            NOW THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  Establishment.  There is hereby established the Governor's Advisory Council on International Trade.

 

            Section 2.  Membership.  The Governor shall appoint persons to serve on the Advisory Council.  The Council shall consist of no fewer than 9 members.  Those persons appointed shall be leaders in various aspects of international trade.

 

            Section 3.  Chairmanship and Terms.  The Governor shall designate the Chairman of the Advisory Council.  All members shall serve at the pleasure of the Governor.

 

            Section 4.  Meetings.  The Council shall meet on a quarterly basis or as directed by the Governor or the Secretary of the Department of Economic and Community Development.

 

            Section 5.  Duties and Powers.  The Council shall perform such duties as assigned by the Governor which shall include, but not be limited to, the following:

                                                               a.          serve as a forum for international trade leaders in North Carolina to exchange concepts in international trade development;

                                                               b.         facilitate the development of international trade initiatives and communicate these initiatives to economic development and business interests in the State;

                                                               c.          offer advice regarding international trade to the Department of Economic and Community Development;

                                                               d.         build a network of public and private interests in international trade;

                                                               e.          assist in creating a plan for international trade development in North Carolina; and

                                                               f.          set specific goals and monitor the progress of international trade development.

 

            Section 6.  Administration and Expenses.  Administrative support for the Council shall be provided by the Department of Economic and Community Development.  While on official business, members of the Council shall be entitled to such per diem and reimbursement for travel and subsistence as may be authorized for members of State Boards and Commissions generally, pursuant to N.C.G.S. 138‑5 and 138‑6.  The Secretary of the Department of Economic and Community Development shall provide funds for this purpose.

 

            Section 7.  Semiannual Report.  The Council shall report semiannually to the Governor regarding the progress of international trade development.

 

            This Executive Order is effective immediately and shall remain in effect until March 29, 1992, unless terminated earlier or extended by further Executive Order.

 

            Done in Raleigh, North Carolina, this the 29th day of March, 1990.

 

EXECUTIVE ORDER NUMBER 111

AMENDMENT AND EXTENSION OF EXECUTIVE ORDER NUMBER 45

 

            WHEREAS, the Governor's Language Institutes Advisory Board was established by Executive Order Number 45, reissued and extended by Executive Order Number 93; and

            WHEREAS, it has been made to appear to me that it is necessary to clarify that participation in the Institutes is limited to elementary and secondary foreign language teachers; and

            WHEREAS, it has been made to appear to me that the Advisory Board should have discretion to establish guidelines for private school teachers to participate in the Institutes;

            THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

            Executive Order Number 45, reissued and extended by Executive Order Number 93, is hereby amended and extended as follows:

 

            Section 2.  Functions:  The Board shall have the following duties:

                                                                   (A)       oversee planning and operation of the Governor's Language Institutes which shall be located in various locations across the State to provide educational programs for North Carolina elementary and secondary teachers of foreign languages;

                                                                   (B)       select an external consultant to assist in the planning of the Governor's Language Institutes' programs and to recommend curriculum, instructors, location of Institutes, and sources of support;

                                                                   (C)       select a full‑time Executive Director to manage the Institutes; and

                                                                   (D)       establish guidelines pertaining to the participation of teachers from non‑public schools in the Governor's Language Institutes Program.

 

            Section 4.  Effective Date and Expiration Date.  This Executive Order shall be effective immediately, and in accordance with North Carolina law shall expire two years from the date it is signed.  It is subject to reissuance at expiration.

 

            Done in the Capital City of Raleigh, North Carolina, this 12th day of April, 1990.

 

EXECUTIVE ORDER NUMBER 112

RESTRUCTURING AND REESTABLISHING GOVERNOR'S ADVISORY COMMISSION ON

TRAVEL AND TOURISM

 

            WHEREAS, travel and tourism is of major economic concern to the State; and

            WHEREAS, participation in the Governor's Advisory Commission on Travel and Tourism by members of the General Assembly and representatives of specific industries in travel and tourism would enhance the development of travel and tourism issues; and

            WHEREAS, it has been made to appear to me that a restructuring of the Governor's Advisory Commission on Travel and Tourism is desirable in order to foster such participation;

            NOW THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina it is ORDERED:

 

            Section 1.  Reestablishment.  The Governor's Advisory Commission on Travel and Tourism, originally established by Executive Order Number 8, and extended and reissued by Executive Order Number 51 and Executive Order Number 93, is hereby reestablished according to the terms of this order.

 

            Section 2.  Membership.  The Commission shall consist of not less than the following 16 members:

                                                               a.          the Director of the North Carolina Division of Travel and Tourism, who shall serve ex officio;

                                                               b.         two Senators, currently serving in the North Carolina General Assembly, having interest in and knowledge of matters related to travel and tourism, who shall be appointed by the President of the Senate;

                                                               c.          two Representatives, currently serving in the North Carolina General Assembly, having an interest in and knowledge of matters related to travel and tourism, who shall be appointed by the Speaker of the House of Representatives;

                                                               d.         one member associated with the transportation industry who shall be appointed by the Governor;

                                                               e.          one member associated with the food service industry who shall be appointed by the Governor;

                                                               f.          one member associated with the lodging industry who shall be appointed by the Governor;

                                                               g.         at least two at‑large members with an interest in the travel and tourism industry who shall be appointed by the Governor;

                                                               h.         one member associated with a local chamber of commerce, tourism development authority, or convention and visitors bureau who shall be appointed by the Governor;

                                                               i.          one member associated with municipal government who shall be appointed by the Governor;

                                                               j.          one member associated with The Travel Council of North Carolina, Inc. (or its successors) who shall be appointed by the Governor;

                                                               k.         one member associated with parks and recreation or cultural resources who shall be appointed by the Governor;

                                                               l.          one member with interest in and knowledge of the environmental impact of travel and tourism who shall be appointed by the Governor; and

                                                               m.        one member associated with county government who shall be appointed by the Governor.

 

            Section 3.  Terms.  All members shall serve at the pleasure of the appointing authority.

 

            Section 4.  Chairmanship.  The Commission shall elect a chairperson from its membership.

 

            Section 5.  Meetings.  The first meeting of the Commission shall be called by the Director of the Division of Travel and Tourism.  Thereafter, meetings will be held on a quarterly basis or as directed by the Governor or Secretary of Economic and Community Development.

 

            Section 6.  Quorum.  A majority of the membership shall constitute a quorum.

 

            Section 7.  Vacancies.  Appointments to fill vacancies in the membership of the Commission that occur due to resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term and shall be made by the same appointing authority that made the initial appointment.

 

            Section 8.  Duties and Powers.  The duties of the Commission shall be:

                                                               a.          to assist and advise the Secretary of Economic and Community Development in the planning and implementation of policy and priorities for the promotion and development of travel and tourism in the State;

                                                               b.         to assist and advise the Secretary of Economic and Community Development in the development of a budget for the Division of Travel and Tourism;

                                                               c.          to recommend programs to the Governor, the General Assembly, and the Secretary of Economic and Community Development that will promote the State as a travel and tourism destination and that will develop travel and tourism opportunities throughout the State;

                                                               d.         to assist and advise the Secretary of Economic and Community Development in setting criteria for selection of an advertising agency which will assist the department in promotion of the State as a travel and tourism destination within the context of the normal advertising agency review cycle.  These criteria shall be utilized by a selection committee appointed by the Secretary of Economic and Community Development;

                                                               e.          to recommend to the Secretary of Economic and Community Development and the General Assembly rules, regulations, or standards that may be necessary to administer a matching funds tourism grant program;

                                                               f.          to promote the exchange of ideas and information on travel and tourism between State and local governmental agencies, and private organizations and individuals; and

                                                               g.         to advise the Secretary of Economic and Community Development upon any matter that the Secretary, Governor, or Director of the Division of Travel and Tourism may refer to the Commission.

 

            Section 9.  Administrative Support.  The Secretary of Economic and Community Development shall provide clerical and other services as required by the Commission.

 

            Section 10.  Expenses.  While on official business, Commission members who are legislators will receive subsistence and travel allowances at the rates set forth inv N.C.G.S. 120‑3.1.  Commission members who are employees of the State will receive travel allowances at the rate set forth in N.C.G.S. 138‑6.  All other Commission members will receive per diem, subsistence, and travel expenses at the rates set forth in N.C.G.S. 138‑5.

 

            Section 11.  Previous Orders Rescinded.  Executive Order Number 8, and those portions of Executive Orders Number 51 and 93 dealing with the Governor's Advisory Committee on Travel and Tourism, dated June 28, 1985, July 14, 1987, and June 20, 1989, respectively, are hereby rescinded.  All records of the Governor's Advisory Commission on Travel and Tourism created pursuant to these executive orders are transferred to the Advisory Commission created herein.  The Advisory Commission herein shall be the successor to the Governor's Advisory Commission on Travel and Tourism.

 

            Section 12.  This Executive Order is effective immediately and shall remain in effect until January 31, 1992, unless terminated earlier or extended by further Executive Order.

 

            Done in Raleigh, North Carolina this the 12th day of April, 1990.

 

EXECUTIVE ORDER NUMBER 113

COMMITTEE ON GOVERNOR'S CONFERENCES ON LIBRARY AND INFORMATION

SERVICES

 

            WHEREAS, access to information and ideas is indispensable to the development of human potential, the advancement of civilization, and the continuance of enlightened self government; and

            WHEREAS, the preservation and the dissemination of information and ideas are the primary purpose and function of the library and information services; and

            WHEREAS, libraries and information services are essential to a learning society; and

            WHEREAS, North Carolina's economic strength and the productivity of its workforce depends on access to information; and

            WHEREAS, the President of the United States, with the concurrence of the United States Senate and House of Representatives, has called for the convening of the Second White House Conference on Library and Information Services to be held in Washington, D.C., July 9‑13, 1991; and

            WHEREAS, Public law 100‑382, the White House Conference on Library and Information Services authorizing act, provides $30,000 in federal funding to North Carolina to conduct statewide conferences leading up to the White House Conference;

            THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

            Section 1.  Establishment.  That the North Carolina Governor's Conference on Library and Information Services Committee is created.

 

            Section 2.  Membership.  The Committee will be composed of forty persons whom I will appoint for a one year term beginning May 1, 1990, and who shall serve at my pleasure.

 

            Section 3.  Chairman.  The Secretary of Cultural Resources will serve as the chairperson of the Committee established herein.

 

            Section 4.  Purpose.  The mission of the Committee shall be to organize and conduct Governor's Conferences on Library and Information Services.  Nine regional conferences and one statewide conference shall be held between August 1990 and February 1991, with the purpose of developing recommendations for further improvement of library and information services to increase productivity, expand literacy, and strengthen democracy.

            Delegates elected at these conferences shall elect sixteen (16) delegates to the Second White House Conference on Library and Information Services.

 

            Section 5.  Administrative Support.  The North Carolina Department of Cultural Resources Division of the State Library is the coordinating agency to work with the Committee in planning and conducting all regional and statewide events leading up to the White House Conference.

 

            Section 6.  Travel and Subsistence.  The Department of Cultural Resources shall pay travel and subsistence to Committee members from the $30,000 in federal money appropriated for this purpose.

 

            Section 7.  Effective Date and Expiration Date.  This Executive Order shall be effective immediately and shall expire July 13, 1991.

 

            Done in the Capital City of Raleigh, North Carolina, this the 20th day of April, 1990.

 

EXECUTIVE ORDER NUMBER 114

BUDGET ADMINISTRATION

 

            Article III, Sec. 5(3) of the Constitution provides that the State may not operate at a deficit during the fiscal period covered by a budget.  For these purposes, a "deficit" is defined as having been incurred when total expenditures for the fiscal period of the budget exceed the total of receipts during the period, plus the surplus remaining in the State Treasury at the beginning of the period.  The fiscal period for the current budget is the 1989‑91 biennium.

            To insure that the State does not incur a deficit for the biennium covered by a budget, Article III, Sec. 5(3) requires the Governor to survey continually the collection of revenue.  If, as a result of his surveys, he determines that actual receipts for the biennium, when added to the surplus remaining in the Treasury at the beginning of the biennium, will not be sufficient to pay budgeted expenditures, the Governor, after first making adequate provision for the prompt payment of the principal and interest on the State's outstanding bonds and notes, must effect the necessary economies in State expenditures to keep the deficit from occurring.

            Continually surveying the collection of the State's revenues pursuant to Article III, Sec. 5(3) of the Constitution is a normal function of the Office of Budget and Management and reports on its surveys are routinely received by me.

            The budget for the 1989‑91 biennium calls for expenditures for the biennium of $24,580,332,439.  The combined surplus remaining in the Treasury at the beginning of the biennium for the general fund and highway fund was budgeted at $573,901,175, and receipts for the period were budgeted to be $24,006,431,264.  As enacted, the budget adopted by the General Assembly for the biennium was a balanced budget.

            In application it has not turned out to be balanced.

            Initially, the Office of Budget and Management reports of its surveys of the collection of the State's revenues indicated that receipts for the biennium, as actually received, were approximately as budgeted.  Accordingly, actual expenditures for the biennium were set in keeping with the budgeted appropriations.  As the biennium progressed, however, cumulative receipts, as actually received, began to lag budgeted receipts.

            In recent months the deviation between actual and budgeted receipts has reached the point that it appears that the budget enacted by the General Assembly for the 1989‑91 biennium cannot be administered as enacted without the State incurring a deficit in its administration.  Accordingly, it is prudent that the power given the Governor by Article III, Sec. 5(3) of the Constitution, to insure that the State does not incur deficits in the administration of its budgets be invoked.

            THEREFORE, pursuant to authority granted to the Governor by Article III, Sec. 5(3) of the Constitution and to fulfill the duties required of the Governor thereunder:

 

                                                               1.         It is found as a fact that based on general fund, highway fund and highway trust fund revenue collections through April 30, 1990, and projections for these revenues through June 30, 1990, and projections for these revenues through June 30, 1991, actual receipts for the 1989‑91 biennium will not meet those anticipated and budgeted by the 1989 General Assembly.

                                                               2.         From this fact it is determined and concluded that unless economies in State expenditures are made, the State's general fund expenditures will exceed general fund receipts, including transfers from the highway trust fund, for the biennium by $842 million and the State's highway fund and highway trust fund expenditures will exceed highway fund receipts and highway trust fund receipts for the biennium by $165.15 million.

                                                               3.         To insure that a deficit is not incurred in the administration of the State budget for the 1989‑91 biennium, the following economies in State expenditures are found to be necessary and are hereby ORDERED:

                                                                   (a)        The Office of State Budget and Management will reduce as necessary State expenditures from funds appropriated to operate State departments and institutions;

                                                                   (b)        The Office of State Budget and Management will reduce as necessary State aid funds to the State Board of Education, to the State Board of Community Colleges and to other non‑state recipients;

                                                                   (c)        The Office of State Budget and Management will halt expenditures for capital improvement projects as necessary for which State funds have been appropriated but not placed under State contract, and if necessary transfer any unused capital improvement funds to the general fund and/or the highway fund;

                                                                   (d)        The Office of State Budget and Management will transfer as necessary non‑general fund and non‑highway fund receipts into the general fund to support appropriation expenditures in order to avoid a deficit in the general fund;

                                                                   (e)        The Office of State Budget and Management may borrow receipts from non‑general fund State receipts and non‑highway fund State receipts for support of general fund appropriation expenditures;

                                                                   (f)        The Office of State Budget and Management may order the cancellation of purchase orders in the State general fund supported departments and institutions for which there are insufficient funds available;

                                                                   (g)        The Office of the State Controller, at the direction of the Director of the Budget, is directed to monitor disbursements as presented on requisitions for CASH, and as necessary, shall release CASH requisitions in the following priority order for payment of:

                                                                        1.         state debt;

                                                                        2.         payrolls and public assistance benefits;

                                                                        3.         state aid to local government;

                                                                        4.         health and medical provider payments; and

                                                                        5.         all other necessary expenditures.

                                                                   (h)        The Office of the State Controller is directed to receive the employer portion of retirement contributions for all state funded retirement systems and to place such funds in a special reserve as established by the Office of State Budget and Management.

                                                               4.         This Executive Order is effective immediately and shall remain in effect, as written, until terminated or amended by further Executive Order.

 

            Done in the Capital City of Raleigh, North Carolina, this the 8th day of May, 1990.

 

EXECUTIVE ORDER NUMBER 115

AMENDING EXECUTIVE ORDER NUMBER 92

 

ENTITLED

            ESTABLISHING THE WESTERN NORTH CAROLINA ENVIRONMENTAL COUNCIL

 

            WHEREAS, by Executive Order Number 92, I established the Western North Carolina Environmental Council; and

            WHEREAS, it has been made to appear to me that certain amendments to Executive Order Number 92 are necessary in light of subsequent legislation enacted by the General Assembly;

            THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 3 of Executive Order Number 92 is amended in part to read: "... The Secretaries of the Departments of Administration, Economic and Community Development, Environment, Health, and Natural Resources, and Transportation or their designees shall be ex officio members of the Council."

 

            Section 9 of Executive Order Number 92 is amended in part to read: "... The Departments of Administration, Economic and Community Development, Environment, Health, and Natural Resources, and Transportation, together, shall furnish the Council with such staff as it reasonably shall need."

 

            Section 10 of Executive Order Number 92 is amended in part to read: "... Funds for the reimbursement of such expenses shall be made available from funds appropriated to the Departments of Administration, Economic and Community Development, Environment, Health, and Natural Resources, and Transportation as directed by the Director of the Budget."

 

            These amendments shall be effective immediately.  All other provisions of Executive Orders Number 92 and 96 shall remain in effect and unchanged.

 

            Done in Raleigh, this the 22nd day of May, 1990.

 

EXECUTIVE ORDER NUMBER 116

AMENDING AND EXTENDING EXECUTIVE ORDER NUMBER 78

GOVERNOR'S TASK FORCE ON INJURY PREVENTION

 

            WHEREAS, I established by Executive Order Number 78 the Governor's Task Force on Injury Prevention; and

            WHEREAS, it has been made known to me that the Task Force should continue;

            THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  Executive Order Number 78, Section 3, paragraph B, is amended to read:

                                                                   B.         The Task Force shall have the following duties:

                                                                        1)         promote coordination of the State's injury prevention efforts so that resources can be used efficiently;

                                                                        2)         strengthen injury prevention efforts in the State;

                                                                        3)         serve as a resource to the Injury Control Section of the Department of Environment, Health, and Natural Resources; and

                                                                        4)         encourage study and discussion of safety issues.

 

            Section 2.  Executive Order Number 78, as amended herein, is extended through November 1, 1992.

 

            Done in Raleigh, North Carolina, this the 22nd day of May, 1990.

 

EXECUTIVE ORDER NUMBER 117

AMENDING EXECUTIVE ORDER NUMBER 108

TO INCLUDE THE SECRETARY OF THE DEPARTMENT OF REVENUE

IN THE MEMBERSHIP OF THE NORTH CAROLINA DRUG CABINET

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  Executive Order Number 108, Section 2(a) is hereby amended to read as follows:

"...(9)  the Secretary of the Department of Human Resources;

   (10)  the Secretary of the Department of Transportation; and

   (11)  the Secretary of the Department of Revenue."

 

            Section 2.  This Order shall be effective immediately and shall remain in effect until terminated.

 

            Done in Raleigh, North Carolina this the 30th day of May, 1990.

 

EXECUTIVE ORDER NUMBER 118

EXTENDING EXECUTIVE ORDER NUMBER 79

NORTH CAROLINA SMALL BUSINESS COUNCIL

 

            WHEREAS, small business is a major contributor to the economic health of North Carolina; and

            WHEREAS, it has made to appear to me that the North Carolina Small Business Council should continue;

            THEREFORE, by the authority vested in me as Governor by the Constitution and laws of this State, IT IS ORDERED:

            Executive Order Number 79, amended by Executive Order Number 84, is hereby extended and shall remain in effect until June 30, 1992, unless terminated earlier or extended by further Executive Order.

 

            Done in the Capital City of Raleigh, North Carolina, this 12th day of June, 1990.

 

EXECUTIVE ORDER NUMBER 119

ESTABLISHING THE NORTH CAROLINA

QUALITY LEADERSHIP AWARDS COUNCIL

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  Establishment.  The North Carolina Quality Leadership Awards Council is hereby established.  The Council shall have the following subordinate committees:

                                                                   A.         the Examination Board;

                                                                   B.         the Recognition Committee; and

                                                                   C.         such other committees as the Council shall create.

 

            Section 2.  Membership.  The Council shall consist of not more than twenty (20) members, including:

                                                                   A.         the Secretary of Economic and Community Development;

                                                                   B.         the President of the University of North Carolina System;

                                                                   C.         the President of the Community College System;

                                                                   D.         the Science Advisor to the Governor;

                                                                   E.         a member recommended by the Lieutenant Governor;

                                                                   F.         a member recommended by the Speaker of the House;

                                                                   G.         the President of North Carolina Citizens for Business and Industry;

                                                                   H.         the President of the North Carolina Quality Leadership (NCQL) Foundation; and

                                                                   I.          no more than twelve (12) ranking officials of Award recipient organizations, serving three year terms starting in the year subsequent to winning the Award.

 

            Section 3.  Chairmanship, Terms, and Vacancies.  The Governor shall serve as Honorary Chairman.  The North Carolina Quality Leadership Foundation will provide the Secretariat.  All members under subsections (e), (f), and (i) above shall serve at the pleasure of the Governor.  The Governor shall fill all vacancies and, if a vacancy occurs in a seat held by a member recommended by the Lieutenant Governor or the Speaker of the House, the Governor shall fill that vacancy after recommendation by the appropriate official.

 

            Section 4.  Purposes.  The purposes of the Council shall be:

                                                                   A.         to enhance education and training of management and workforce, both current and future;

                                                                   B.         to improve competitiveness of North Carolina business and industry, especially supplier relationships;

                                                                   C.         to encourage exchange of information toward quality improvement, especially through regional councils and industry associations; and

                                                                   D.         to promote application of total quality management in North Carolina organizations.

 

            Section 5.  Duties of Council, Board, and Committees.  A.  The North Carolina Quality Leadership Awards Council shall have the following responsibilities:

                                                                        1.         approve and announce Achievement Award and Honor Roll recipients in the categories of manufacturing and service industries, both large and small;

                                                                        2.         approve guidelines to examine applicant organizations;

                                                                        3.         approve appointments of judges and examiners;

                                                                        4.         arrange appropriate annual awards and recognition for recipients;

                                                                        5.         formulate recommendations for change in the form or coverage of awards, in cooperation with the North Carolina Quality Leadership Foundation; and

                                                                        6.         review related education, training, technology transfer, and research initiatives proposed by the North Carolina Quality Leadership Foundation.

                                                                   B.         The Council shall form an Examination Board and a Recognition Committee. It may form such other committees as necessary to evaluate and recognize quality leadership by North Carolina organizations.

                                                                   C.         The members of an Examination Board shall be drawn from professional and technical experts in total quality management and quality assurance related fields.  Members shall be invited to serve by the Council and shall serve at its pleasure.

                                                                   D.         The members of the Recognition Committee shall be drawn from business, industry, education and government personnel concerned with award programs and public relations, especially representing industry associations and regional councils concerned with quality and productivity improvement.  Members shall be invited to serve by the Council and shall serve at its pleasure.

                                                                   E.         The Examination Board shall:

                                                                        1.         conduct evaluation of applicant organizations by:

                                                                                   (a)        selecting and nominating Examiners and Judges; and

                                                                                   (b)        assessing applications, providing feedback, and conducting site visits of participating organizations;

                                                                        2.         recommend Award guidelines; and

                                                                        3.         nominate Award recipients.

                                                                   F.         The Recognition Committee shall be responsible to:

                                                                        1.         recommend the nature and types of physical awards; and

                                                                        2.         recommend the format and timing of ceremonies.

 

            Section 6.  Administrative Support.  Operations support for the Council and Examination Board, including administrative and training activities, shall be provided by the NCQL Foundation staff.  The Department of Economic and Community Development, the University of North Carolina System, and/or the Community College System shall provide additional staff and administrative support on a voluntary basis.

 

            Section 7.  This Order shall become effective immediately and shall expire on June 30, 1993, unless extended or terminated by further Executive Order.

 

            Done in Raleigh, North Carolina, this the 18th day of June, 1990.

 

EXECUTIVE ORDER NUMBER 120

AN EXECUTIVE ORDER ESTABLISHING ADDITIONAL CRITERIA FOR

ELIGIBILITY OF CERTAIN MEMBERS OF THE COASTAL RESOURCES COMMISSION

 

            WHEREAS, N.C.G.S. 113A‑104(c) directs that eight of the members appointed by the Governor to the Coastal Resources Commission shall be persons who do not derive any significant portion of their income from land development, construction, real estate sales, or lobbying and do not otherwise serve as agents for development‑related business activities; and

            WHEREAS, N.C.G.S. 113A‑104(c) directs the Governor, by executive order, to promulgate criteria regarding conflicts of interest and disclosure thereof for determining the eligibility of persons under this section;

            NOW THEREFORE, pursuant to the authority vested in me by the Constitution of this State and N.C.G.S. 113A‑104(c), IT IS HEREBY ORDERED:

 

            Section 1.  The eight members of the Coastal Resources Commission appointed by the Governor pursuant to N.C.G.S. 113A‑104(b) (1) through (5), (9), and (11), shall be persons who do not derive any significant portion of their income from land development, construction, real estate sales, or lobbying and do not otherwise serve as agents for development‑related business activities.

                                                                   (A)       For purposes of this section, the term "significant portion of their income" shall mean ten percent of gross personal income for a calendar year, except that it shall mean fifty percent of gross personal income for the calendar year if the recipient is over sixty years of age and is receiving such portion pursuant to retirement, pension, or other similar arrangements.

                                                                   (B)       For purposes of this section, the term "income" shall mean "gross income" as defined in N.C.G.S. 105‑134.1(5).

                                                                   (C)       For purposes of this section, the terms "persons deriving a significant portion of their income from land development, construction, real estate sales, or lobbying and do not otherwise serve as agents for development‑related business activities" shall not include any department or agency of State Government.

                                                                   (D)       For purposes of this section, a person does not derive income from land development, construction, real estate sales, or lobbying or as an agent for development related business activities where the person receives payments from a mutual fund or other diversified investment of which the person receiving the payments does not know the identity of the primary sources of income.

 

            Section 2.  The North Carolina Board of Ethics established pursuant to Executive Order Number 1 dated January 31, 1985, is hereby directed to prepare a suitable disclosure form to be completed by prospective Governor's appointees under N.C.G.S. 113A‑104(c) and to be used by the Governor's Office in determining eligibility under Section 1 of this Executive Order.  These completed forms shall be kept on file and open to public inspection by both the North Carolina Board of Ethics and the Governor's Office.

 

            Section 3.  Once a member is appointed, his or her Statement of Economic Interest is required to be filed with the North Carolina Board of Ethics pursuant to Executive Order Number 1 dated January 31, 1985, and shall be updated by the member on a regular basis.

 

            Section 4.  The Board of Ethics established pursuant to Executive Order Number 1 dated January 31, 1985, is hereby directed to monitor closely Statements of Economic Interest to determine continuing eligibility under Section 1 of this Executive Order.

 

            Section 5.  Pursuant to Section 2 of Session Laws 1989, c. 505, this Order shall not affect the terms of members who were serving on the Coastal Resources Commission on June 29, 1989, and are currently serving their unexpired terms.

 

            Section 6.  This Order shall become effective immediately.

 

            Done in Raleigh, North Carolina, this the 28th day of June, 1990.

 

EXECUTIVE ORDER NUMBER 121

GOVERNOR'S MINORITY, FEMALE AND DISABLED‑OWNED BUSINESSES

CONSTRUCTION CONTRACTORS ADVISORY COMMITTEE

 

            It is my policy that the State of North Carolina shall enhance and promote construction contract opportunities for all of its citizens without regard to race gender or hardship.

            Therefore, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  Establishment.  There is hereby established the Governor's Minority, Female and Disabled‑Owned Businesses Construction Contractors Advisory Committee.

 

            Section 2.  Purpose.  The purpose of the Committee is to serve as a technical advisory committee to the Governor in order to increase opportunity for minority, female and disabled‑owned businesses to participate in the construction of public facilities.

 

            Section 3.  Duties.  The Committee shall have the following duties:

                                                                   (A)       provide expertise to the Governor and his Special Assistant for Minority Affairs on the subject of minority, female and disabled‑owned businesses utilization on public work;

                                                                   (B)       review problems minority, female and disabled‑owned businesses encounter in becoming a competitive part of the construction industry and develop recommendations designed to resolve the problems;

                                                                   (C)       review the implementation of minority, female and disabled‑owned businesses plans by state agencies and where applicable, develop recommendations on modifications to existing plans that would increase the opportunities for minority, female and disabled‑owned businesses to compete for state funded contracts and subcontracts; and

                                                                   (D)       develop recommendations for assistance programs the State can make available to local governments in developing and implementing local minority, female and disabled owned businesses plans.

 

            Section 4.  Membership.  The membership of the Committee shall be comprised of at least the following 15 members to be appointed by, and serve at the pleasure of, the Governor:

                                                                   (A)       five members to be recommended by the Association of General Contractors;

                                                                   (B)       five members to be recommended by the North Carolina Association of Minority Businesses; and

                                                                   (C)       five members from the public at large.

 

            Section 5.  Chairperson.  The Governor shall appoint a Chairperson from among the membership.  The Chairperson shall serve at the pleasure of the Governor.  The Chairperson shall coordinate the activities of the Committee.

 

            Section 6.  Meetings.  Meetings shall be called by the Chairperson.

 

            Section 7.  Administrative Support.  Administrative support will be provided by the Governor's Special Assistant for Minority Affairs.

 

            Section 8.  Reporting.  The Chairperson shall report on the Committee's progress on a quarterly basis.

 

            This order is effective the 11th day of July, 1990.

 

EXECUTIVE ORDER NO. 122

ESTABLISHING THE GOVERNOR'S COUNCIL OF FISCAL ADVISORS

 

            It is desirable that Governors have benefit of the combined counsel of those officials primarily responsible for the State's fiscal affairs.  Therefore, to accomplish that end and pursuant to authority vested in me by the Constitution and by statute, IT IS ORDERED:

 

            Section 1:  There is established the Governor's Council of Fiscal Advisors whose membership shall consist of:

                                                                   (a)        The State Treasurer,

                                                                   (b)        The State Auditor,

                                                                   (c)        The Executive Assistant to the Governor for Budget and Management,

                                                                   (d)        The Secretary of the Department of Revenue,

                                                                   (e)        The State Controller,

                                                                   (f)        the Governor's General Counsel.

 

            Section 2:  The purpose of the Council shall be to consider and advise the Governor concerning the fiscal affairs of the State.

 

            Section 3:

                                                                   (a)        The Council shall meet in regular session with the Governor each quarter on such dates and at such times as the Governor directs and in special session with the Governor at the Governor's call.  In addition, the Council shall meet regularly without the Governor on such dates and at such times as the Council selects and in special session without the Governor at the call of the Executive Assistant to the Governor for Budget and Management.

                                                                   (b)        Council members shall attend Council meetings in person and not by surrogates.

 

            Section 4:  In addition to Council members, the following are invited to attend and participate in Council meetings as the Governor's invitees:

                                                                   (a)        the Chief of Staff to the Governor,

                                                                   (b)        the Deputy Director of the Budget,

                                                                   (c)        a designee of the Lt. Governor,

                                                                   (d)        the Director of Fiscal Research for the North Carolina General Assembly, or his designee.

 

            Section 5:  The Governor shall preside at all meetings of the Council at which he is present.  The Executive Assistant to the Governor for Budget and Management shall preside at all meetings of the Council at which the Governor is not present.  Agendas for all meetings of the Council shall be prepared by the Executive Assistant to the Governor for Budget and Management and distributed to attendees in advance of the meetings.

 

            Section 6:  Council members who are not members of the Council of State are invited to attend meetings of the Council of State as invitees of the Governor.  Council members who are not members of the Advisory Budget Commission are invited to attend meetings of the Advisory Budget Commission as invitees of the Governor.

 

            Section 7:  The State Office of Budget and Management shall provide administrative support to the Council.

 

            Section 8:  Council members shall serve without compensation or reimbursement for expenditures incurred by them in attending council meetings.

 

            Section 9:  This executive order is effective immediately and shall remain in effect until terminated by the undersigned or a successor.

 

            Done in Raleigh, North Carolina, this 17th day of July, 1990.

 

EXECUTIVE ORDER NUMBER 123

UNIFORM FLOODPLAIN MANAGEMENT POLICY

 

            WHEREAS, the National Flood Insurance Program incorporated at 42 U.S.C. 4001‑4128 authorizes the establishment of floodplain management regulations applicable to state‑‑owned properties; and

            WHEREAS, Governor James B. Hunt, Jr., established a Uniform Floodplain Management Policy for State agencies by Executive Order Number 31 signed on February 1, 1979, to provide for sound management of state‑owned properties as they relate to potential flood hazards; and

            WHEREAS, the federal regulations for floodplain management, 44 C.F.R. Chapter 1, Parts 59 through 77 (1989), were revised making Executive Order Number 31 outdated; and

            WHEREAS, there is a substantial need to update the Uniform Flood Management Policy in accordance with the revisions made in 44 C.F.R. Chapter 1, Parts 59 through 77 (1989);

            NOW, THEREFORE, IT IS HEREBY ORDERED:

 

            Section 1.  The Uniform Floodplain Management Policy established by Executive Order Number 31, February 1, 1979, is hereby rescinded.

 

            Section 2.  I hereby establish a new Uniform Floodplain Management Policy which accurately reflects all authority, responsibilities and functions of State agencies.

 

            Section 3.  The Department of Administration shall administer a Uniform Floodplain Management Policy for State Agencies.  By agreement between the Department of Transportation and the Department of Administration, the Department of Transportation shall work directly with the Federal Department of Transportation and the Federal Emergency Management Agency to apply appropriate standards and management to comply with the Floodplain Management Policy relevant to highway construction within floodplains.  This order shall apply to those lands as defined in Chapters 143 and 146 of the North Carolina General Statutes and including but not limited to public waterways, marshes, Estuarine waters, and to privately‑owned land and improvements which are leased to the State of North Carolina or any of its agencies.  This order in no way affects municipal or county zoning authority pursuant to General Statutes Chapter 160A, Article 19, Part 3 and Chapter 153A, Article 18, Part 3; however, in cases of conflict between Municipal and County Floodway Regulations pursuant to Chapter 143, Article 2, Part 6 and the provisions set forth in this order, the Department of Administration shall investigate the area of conflict and make appropriate determinations to comply with the intent of this order.

 

            Section 4.  To encourage State agencies to work within the existing statutes of the State of North Carolina to establish a Uniform Floodplain Management Policy, the following statutes and codes, and revisions thereto, though not repeated herein, are hereby incorporated by reference:

                                                                   A.         Chapter 58, Section 193, Commissioner of Insurance ‑ Required to Inspect State Property

                                                                   B.         Chapter 113, Article 1, Estuarine Waters and State Owned Lakes

                                                                   C.         Chapter 113A, Article 1, Environmental Policy Act

                                                                   D.         Chapter 113A, Article 4, Sedimentation Pollution Control Act of 1973

                                                                   E.         Chapter 113A, Article 7, Coastal Area Management Act of 1974

                                                                   F.         Chapter 113A, Article 7A, Coastal and Estuarine Water Beach Access Program

                                                                   G.         Chapter 113A, Article 9, Land Policy Act

                                                                   H.         Chapter 143, Article 1, Executive Budget Act

                                                                   I.          Chapter 143, Article 8, Public Building Contract

                                                                   J.          Chapter 143, Article 36, Department of Administration

                                                                   K.         Chapter 143, Article 21, Section 214.1 Water Quality Standards

                                                                   L.         Chapter 143, Article 21, Section 215, Effluent Standards and Limitations

                                                                   M.        Chapter 143, Article 21, Part 6, Floodway Regulations

                                                                   N.         Chapter 143B, Article 9, Part 3, N.C. Capital Planning Commission

                                                                   O.         Chapter 146, Articles 5, 6 and 7 Acquisition and Disposition of State Lands

                                                                   P.          Chapter 153A, Article 18, Part 3, County Zoning Authority

                                                                   Q.         Chapter 160A, Article 19, Part 3, Local Zoning Authority

                                                                   R.         North Carolina State Building Code 1978 Edition and amendments

                                                                   S.         PL 92‑500 Pollution Control Act of 1972

                                                                   T.         44 CFR Parts 59 ‑ 76, NFIP and Related Regulations

                                                                   U.         Title 16 USCS Chapter 33, Coastal Zone Management

                                                                   V.         Title 33 USCS Chapter 15, Flood Control

                                                                   W.        Title 42 USCS Chapter 50, Flood Insurance

 

            Section 5.  Definitions.  It is not the intent of this order to create any new terms or phrases.  The terms and phrases used herein shall be interpreted to conform with existing common usage, statutes, or other applicable regulations as follows:

                                                                   1.         "Appeal" means a request from a review of the local administrator's interpretation of any provision of this order.

                                                                   2.         "Addition (to an existing building)" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load‑bearing wall other than a fire wall.  Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load‑bearing walls is new construction.

                                                                   3.         "Area of shallow flooding" means a designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

                                                                   4.         "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of being equaled or exceeded in any given year.

                                                                   5.         "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

                                                                   6.         "Basement" means that lowest level or story which has its floor subgrade on all sides.

                                                                   7.         "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.  A breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot.  A wall with loading resistance of more than 20 pounds per square foot requires a professional engineer or architect's certificate.

                                                                   8.         "Building" means any structure built for support, shelter, or enclosure for any occupancy or storage.

                                                                   9.         "Coastal High Hazard Area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.

                                                                   10.        "Development" off means any man‑made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

                                                                   11.        "Elevated Building" means a non‑basement building (a)  built, in the case of a building in Zones A1‑A30, AE, A, A99, AO, AH, B, C, or X to have the top of the elevated floor, or in the case of a building in Zones V1‑V30, VE, or V to have the bottom of the lowest horizontal structural member of the elevated floor above the ground by means of pilings, columns (posts and piers), shear walls parallel to the flow of water and, (b)  adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood.  In the case of Zones A1‑A30, AE, A, A99, AO, AH, B, C, and X, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.  In the case of Zones V1‑V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the area below is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 8, Subsection E of this order.

                                                                   12.        "Existing manufactured home park or manufactured home subdivision" means a manufactured home part or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this order.

                                                                   13.        "Expansion to an existing manufactured home part or subdivision" means the preparation of the additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs).

                                                                   14.        "Flood" or"flooding"means a general and temporary condition of partial or complete inundation of normally dry land areas from:

                                                                        (A)       the overflow of inland or tidal waters; and

                                                                        (B)       the unusual and rapid accumulation of runoff of surface waters from any source.

                                                                   15.        "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.

                                                                   16.        "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

                                                                   17.        "Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency.  The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.

                                                                   18.        "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

                                                                   19.        "Floor" means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.  The term does not include the floor of a garage used solely for parking vehicles.

                                                                   20.        "Functionally dependant facility" means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities.  The term does not include long‑term storage, manufacture, sales, or service facilities.

                                                                   21.        "Highest Adjacent Grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure.

                                                                   22.        "Historic Structure" means any structure that is:  (a)  listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the reqirements for individual listing on the National Register;  (b)  certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;  (c)  individually listed on a State inventory of historic places;  (d)  individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified  (1)  by an approved state program as determined by the Secretary of the Interior, or (2)  directly by the Secretary of Interior in states without approved programs.

                                                                   23.        "Levee" means a man‑made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

                                                                   24.        "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement).  An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor provided that such an enclosure is not built so as to render the structure in violation of the applicable non‑elevation design requirements of this order.

                                                                   25.        "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.  The term "manufactured home" does not include a "recreational vehicle".

                                                                   26.        "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

                                                                   27.        "Mean Sea Level" means the average height of the sea for all stages of the tide.  It is used as a reference for establishing various elevations within the floodplain.  For purposes of this order, the term is synonymous with National Geodetic Vertical Datum (NGVD).

                                                                   28.        "National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference from establishing varying elevations within the floodplain.

                                                                   29.        "New construction" means structures for which the "start of construction" commenced on or after the effective date of this order and includes any subsequent improvements to such structures.

                                                                   30.        "New manufactured home part or subdivision" means a manufactured home part or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs) is completed on or after the effective date of this order.

                                                                   31.        "Nonconforming building or use" means any legally existing building or use which fails to comply with the provisions of the order.

                                                                   32.        "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and over‑topping from high tides and waves during major coastal storms.  The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.

                                                                   33.        "Recreational Vehicle" means a vehicle which is: (a)  built on a single chassis; (b)  400 square feet or less when measured at the largest horizontal projection; (c)  designed to be self‑propelled or permanently towable by a light duty truck; and, (d)  designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping travel, or seasonal use.

                                                                   34.        "Reference feature" is the receding edge of a bluff or eroding frontal dune, or if such a feature is not present, the normal highwater line or the seaward line of permanent vegetation if highwater line cannot be identified.

                                                                   35.        "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance.  Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the order or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

                                                                   36.        "60‑year setback" means a distance equal to 60 times the average annual long term recession rate at a site, measured from the reference feature.

                                                                   37.        "Start of construction" [for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97‑348)], includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, or improvement was within 180 days of the permit date.  The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the state of excavation or the placement of a manufactured home on a foundation.  Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.  For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

                                                                   38.        "Structure" means, for floodplain management purposes, a walled and roofed building, a manufactured home, including a gas or liquid storage tank, or other man‑made facilities or infrastructures that are principally above ground.

                                                                   39.        "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.  See definition of "substantial improvement".

                                                                   40.        "Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement.  This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed.  The term does not, however, include either: (1)  any project of improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or, (2)  any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

                                                                   41.        "Substantially improved existing manufactured home part or subdivision" means where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

                                                                   42.        "Variance" is a grant of relief to a person from the requirements of this order which permits construction in a manner otherwise prohibited by this order where specific enforcement would result in unnecessary hardship.

                                                                   43.        "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations.  A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Articles 4 and 5 is presumed to be in violation until such time as the documentation is provided.

                                                                   44.        "Zone of imminent collapse" means an area subject to erosion adjacent to the shoreline of an ocean, bay or lake and within a distance equal to 10 feet plus 5 times the average annual long term erosion rate for the site, measured from the reference feature.

 

            Section 6.  Location of Regulatory Floodway and Floodplain Boundaries.  Determination of boundaries for the regulatory floodway, the 100‑year floodplain, and the coastal high hazard areas shall be established by using the latest hydrologic maps and engineering data obtainable.

            When Federal Emergency Management Agency (FEMA) Flood Hazard Boundary (FHBM), Floodway, Flood Insurance Rate Maps (FIRM) or Flood Insurance Study Date are available, they shall be the primary source of such hydrologic data.

 

            Section 7.  Floodplain Development Permit and Certification Requirements.  Application for a Floodplain Development Permit shall be made to the Department of Administration on forms furnished by them prior to any development activities.  The Floodplain Development permit shall include, but not be limited to plans in duplicate drawn to scale showing:  the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; a copy of the Flood Hazard Boundary/Floodway or Flood Insurance Rate Map showing the site location and panel number, and the location of fill materials, storage areas and drainage facilities.  Specifically, the following information is required:

                                                                   A.         Where base flood elevation data is provided in accordance with Section 8, Subsection L, the application for a Floodplain Development Permit within the Zone A on the Flood Insurance Rate Map shall show:

                                                                        (1)        the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and

                                                                        (2)        if the structure has been floodproofed in accordance with Section 10 Subsection B, the elevation (in relation to mean sea level) to which the structure was floodproofed.

                                                                   B.         Where the base flood elevation data is not provided, the application for a development permit must show construction of the lowest floor at least two (2) feet above the highest adjacent grade.

                                                                   C.         Where any watercourse will be altered or relocated as a result of proposed development, the application for a development permit shall include:  a description of the extent of watercourse alteration or relocation; an engineering report on the effects of the proposed project on the flood‑carrying capacity of the watercourse and the effects to properties located on both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation.

                                                                   D.         When a structure is floodproofed the applicant shall provide a certificate from a registered professional engineer or architect that the nonresidential floodproofed structure meets the flood‑proofing criteria in Section 10, Subsection B.

                                                                   E.         A floor elevation or flood‑proofing certification is required after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the lowest floor.  Within twenty‑one (21) calendar days of the establishment of the lowest floor elevation, or flood‑proofing by whatever constructions means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Department of Administration a certification of the elevation of the lowest floor, or floodproofed elevation, or the elevation of the bottom of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level.  Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same.  When flood‑proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.  Any work done within the twenty‑one (21) day calendar and prior to submission of the certification shall be at the permit holder's risk.  The Department of Administration shall review the floor elevation survey data submitted.  Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed.  Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop work order for the project.

                                                                   F.         Upon receipt of the permit applications, the Secretary of the Department of Administration or his/her designee will review the application with other departments, and will (1)  deny the permit application; or (2)  issue a temporary permit for further development of the project.  If a temporary permit is issued, the applicant may proceed with development of detailed planning and specifications, such as plans and specifications to be submitted to the Department of Administration for periodic review.

                                                                   G.         Upon final approval of the detailed plans and specifications, the Department of Administration shall issue a permit for construction.  In granting or denying permits, the Department shall be guided by the standards, limitation and requirements set forth in this order.

                                                                   H.         Certificate of Compliance.  Before the facility is occupied, the owning agency shall issue or cause to be issued a certificate of compliance stating that the subject project complied with all of the provisions of this order.  The certificate shall be prepared by a professional engineer, architect or land surveyor, or a combination thereof, if so required by the aforementioned statutes.

                                                                   I.          North Carolina Department of Insurance Approval.  When the project is a structure normally covered by insurance, the development permit under Section 7, will not be issued until the project is approved by the Department of Insurance for full coverage.

                                                                   J.          Appeals, Adjustments, Amendments and Violations.  Appeals, Adjustments, Amendments and Violations shall be considered and determined as provided in the aforementioned statutes and in accordance with the rules and regulations governing the Department of Administration adopted pursuant to the Administrative Procedures Act.

 

            Section 8.  Duties and Responsibilities of the Department of Administration.  Duties of the Department of Administration shall include, but not be limited to:

                                                                   A.         Review all development permits to assure that the permit requirements of the order have been satisfied.

                                                                   B.         Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit.

                                                                   C.         Notify adjacent communities and the N.C. Department of Crime Control and Public Safety, Division of Emergency Management, and the State Coordinator's Office for the National Flood Insurance Program prior to any alteration or relocation of a watercourse and submit such notification to the Federal Emergency Management Agency.

                                                                   D.         Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood‑carrying capacity is not diminished.

                                                                   E.         Prevent encroachments within floodways unless the certification and flood hazard reduction provision of Sections 7 thru 11, are met.

                                                                   F.         Obtain the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Section 7, Subsection E.

                                                                   G.         Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with Section 7, Subsection E.

                                                                   H.         In Coastal Hazard Areas, certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash.

                                                                   I.          In Coastal High Hazard Areas, review plan for adequacy of breakaway walls in accordance with Section 8, Subsection G, Paragraph 8.

                                                                   J.          When flood‑proofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with Section 10, Subsection B.

                                                                   K.         Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actural field conditions), the Department of Administration shall make the necessary interpretation, upon recommendation by the Office of State Construction.  The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this order.

                                                                   L.         When base flood elevation data has not been provided in accordance with Section 6, obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, including data developed pursuant to Section 12, Subsection D, in order to administer the provisions of this order.

                                                                   M.        Make on site inspections in accordance with the aforementioned statutes.

                                                                   N.         Serve notices of violations, issue stop work orders, revoke permits and take corrective actions in accordance with the aforementioned statutes.

                                                                   O.         Maintain all records pertaining to the administration of this order and make these records available for public inspection.

 

            Section 9.  Provisions for Flood Hazard Reduction ‑ General Standards.  In all areas of special flood hazard the following provisions are required:

                                                                   A.         All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;

                                                                   B.         All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

                                                                   C.         All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages;

                                                                   D.         Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

                                                                   E.         All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

                                                                   F.         New and replacement sanitary sewer systems shall be located and constructed to minimize infiltration of flood waters into the systems and discharges from the systems into flood waters;

                                                                   G.         On‑site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them, during flooding; and

                                                                   H.         Any alteration, repair, reconstruction or improvement to a structure which is in compliance with the provisions of this order, shall meet the requirements of "new construction" as contained in this order.

                                                                   I.          Non‑conforming building or uses.  Non‑conforming buildings or uses may not be enlarged, replaced or rebuilt unless such enlargement, replacement or reconstruction is accomplished in conformance with the provisions of this order.  Provided, however, nothing in this order shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this order and located totally or partially within the Floodway Zone, provided that the bulk of the building or structure below base blood elevation in the Floodway Zone is not increased and provided that such repair, reconstruction or replacement meets all the other requirements of this order.  A structure abandoned for twelve (12) months or more cannot be reoccupied until it is improved and brought into compliance with this order.

 

            Section 10.  Provisions for Flood Hazard Reduction ‑ Specific Standards.  In all areas of special flood hazard where base flood elevation data has been provided, as set forth in Section 6 or Section 8, Subsection L, the following provisions are required:

                                                                   A.         Residential Construction.  New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than two (2) feet above the base flood elevation.  Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided.

                                                                   B.         Non‑Residential Construction.  New construction or substantial improvement of any commercial, industrial, or non‑residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than two (2) feet above the level of the base flood elevation.

                                                                               Structures located in A‑Zones may be floodproofed in lieu of elevation provided that for:

                                                                        (1)        Dry Floodproofing.  All areas of the structure below the required elevation are water tight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.  A registered professional engineer or architect shall certify that the standards of this Section are satisfied.  Such certification shall be provided to the official as set forth in Section 7, Subsection E; or,

                                                                        (2)        Wet Floodproofing.  A professional engineer or architect shall certify in accordance with Section 7, Subsection E, that the portions of any structure below the regulatory base flood elevation comply with alternate wet floodproofing methods that are acceptable to FEMA as variances to the essentially dry floodproofing measures required in Section 10, Subsection B (1) above.  Provided said alternate methods comply with the standards set forth in the FEMA Technical Standards Bullentin (No. 85‑1), and that such measures are adequate to withstand the flood depth pressures, velocities, impact and uplift forces and other factors associated with the Base Flood occurrence at the location of the structures and that attendant utility and sanitary facilities are floodproofed and that the requirements for the issuance of the Variance comply with Section 14 of this order.

                                                                   C.         Manufactured Homes.

                                                                        (1)        Manufactured homes that are placed or substantially improved on sites (a) outside a manufactured home part or subdivision; (b)  in a new manufactured home part or subdivision; (c)  in an expansion to an existing manufactured home part or subdivision; or, (d)  in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated no lower than two (2) feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

                                                                        (2)        Manufactured homes that are to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of Section 10, Subsection C (1) of this ordinance must be elevated so that the lowest floor of the manufactured home is elevated no lower than two (2) feet above the base flood elevation, and be securely anchored to an adequate anchored foundation to resist flotation, collapse, and lateral movement.

                                                                        (3)        Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement.  For the purpose of this requirement, manufactured homes must be anchored to resist flotation, collapse, or lateral movement in accordance with the Regulations for Mobile Homes and Modular Housing adopted by the Commissioner of Insurance pursuant to N.C.G.S. 143.143.15.  Additionally, when the elevation would be met by an elevation of the chassis at least 36 inches or less above the grade at the sight, the chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength.  When the elevation of the chassis is above 36 inches in height and engineering certification is required.

                                                                        (4)        An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas.  This Plan shall be filed with and approved by the Department of Administration and the Department of Crime Control and Public Safety.

                                                                   D.         Recreational Vehicles.  A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick‑disconnect type utilities and security devices, and has no permanently attached additions.  Recreation vehicles placed on sites shall either:

                                                                        (1)        be on site for fewer than 180 consecutive days,

                                                                        (2)        be fully licensed and ready for highway use, or

                                                                        (3)        meet the requirements of Section 7, 9 and 10 (subsection C).

                                                                   E.         Elevated Buildings.  New construction or substantial improvements of elevated buildings that include fully enclosed areas that are usable solely for the parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to preclude finished living space and be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.

                                                                        (1)        Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following criteria:

                                                                                   (a)        provide a minimum of two (2) openings having a net area of not less than one square inch for every square foot of enclosed area subject to flooding;

                                                                                   (b)        the bottom of all openings shall be no higher than one foot above grade; and,

                                                                                   (c)        openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

                                                                        (2)        Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairwell or elevator).

                                                                        (3)        The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas.

                                                                   F.         Temporary Structures.  Prior to the issuance of a development permit, for a temporary structure, the following requirements must be met:

                                                                        (1)        All applicants must submit to the local administrator a plan for the removal of such structure(s) in the event of a hurricane or flash flood notification.  The plan must include the following information:

                                                                                   (a)        the name, address and phone number of the individual responsible for the removal of the temporary structure;

                                                                                   (b)        the time frame prior to the event at which a structure will be removed;

                                                                                   (c)        a copy of the contract or other suitable instrument with a trucking company to insure the availability of removal equipment when needed; and

                                                                                   (d)        designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be moved.

                                                                        (2)        The above information shall be submitted in writing to the local administrator for review and written approval.

                                                                   G.         Accessory Structure.  When accessory structures (sheds, detached garages, etc.) with a value of $3,000 or less, are to be placed in the floodplain the following criteria shall be met:

                                                                        (1)        Accessory structures shall not be used for human habitation;

                                                                        (2)        Accessory structures shall be designed to have low flood damage potential;

                                                                        (3)        Accessory structures shall be firmly anchored in accordance with Section 9, Subsection A; and

                                                                        (4)        Service facilities such as electrical and heating equipment shall be elevated in accordance with Section 9, Subsection D.

                                                                   H.         Floodways.  Located within areas of special flood hazard established in Section 6, are areas designated as floodways.  The floodway is an extremely hazardous area due to the velocity of flood waters which carry debris and potential projectiles and has erosion potential.  The following provisions shall apply within such areas:

                                                                        (1)        No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

                                                                        (2)        If Section 10, Subsection F, Paragraph 1, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 9 thru 13 of this order.

                                                                        (3)        No manufactured homes shall be permitted except in existing manufactured home parks or subdivisions.  A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided that the anchoring standards of Section 9, Subsection B and the elevation standards of Section 8 (C) are met.

                                                                   I.          Coastal High Hazard Areas (V‑Zones).  Located within the areas of special flood hazard established in Section 6, are areas designated as coastal high hazard areas.  These areas have special flood hazards associated with wave wash.  The following provisions shall apply within such areas:

                                                                        (1)        All buildings or structures shall be located landward of the first line of stable natural vegetation and comply with all applicable CAMA setback requirements.

                                                                        (2)        All buildings or structures shall be elevated so that the bottom of the lowest supporting horizontal member (excluding pilings or columns) is located no lower than two (2) feet above the base flood elevation level, with all space below below the lowest supporting member open so as not to impede the flow of water.  Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with Section 10, Subsection G, Paragraph 8.

                                                                        (3)        All buildings or structures shall be securely anchored on pilings or columns.

                                                                        (4)        All pilings and columns and the attached structures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. The anchoring and support system shall be designed with wind and water loading values which equal or exceed the 100 year mean recurrence interval (one percent annual chance flood).

                                                                        (5)        A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in Section 10, Subsection G, Paragraphs (2), (3) and (4) of this order.

                                                                        (6)        There shall be no fill used as structural support.  Non‑compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction prior to generating excessive loading forces, ramping effects, or wave deflection.  The Department of Administration shall approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and/or soil scientist which demonstrates that the following factors have been fully considered:

                                                                                   (a)        particle composition of fill material does not have a tendency for excessive natural compaction;

                                                                                   (b)        volume and distribution of fill will not cause wave deflection to adjacent properties; and

                                                                                   (c)        slope of fill will not not cause wave run‑up or ramping.

                                                                        (7)        There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage.

                                                                        (8)        Lattice work or decorative screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met:

                                                                                   (a)        no solid walls shall be allowed;

                                                                                   (b)        material shall consist of wood or mesh screening only;

                                                                                   (c)        design safe loading resistance of each wall shall be not less than 10 nor more than 20 pounds per square foot; or

                                                                                   (d)        if more than 20 pounds per square foot, a registered professional engineer or architect shall certify that the design wall collapse would result from a water load less than that which would occur during the base flood event, and the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components during the base flood event.  Maximum wind and water loading values to be used in this determination shall each have one percent chance of being equalled or exceeded in any given year (100‑year mean recurrence interval).

                                                                        (9)        If aesthetic lattice work or screening is utilized such enclosed space shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises.

                                                                        (10)      Prior to construction, plans for any structures that will have lattice work or decorative screening must be submitted to the Department of Administration for approval.

                                                                        (11)      Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except with lattice work or decorative screening, as provided for in Section 10, Subsection G, Paragraph (8) and (9).

                                                                        (12)      No manufactured homes shall be permitted except in an existing manufactured home park or subdivision.  A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Section 9, Subsection (B) and the elevation standard of Section 10, Subsection C are met.

 

            Section 11.  Standard for Streams Without Established Base Flood Elevations and/or Floodways.  Located within the areas of special flood hazard established in Section 6 are small streams where the Federal Emergency Management Agency has not provided base flood data and where floodways have not been identified.  The following provisions shall apply within such areas:

                                                                   A.         No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of thirty feet from the top of bank, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

                                                                   B.         If Section 11, Subsection A is satisfied and base flood elevation data is available from other sources, all new construction and substantial improvements within such areas shall comply with all applicable flood hazard provisions of Section 9 thru 13 and shall be elevated or floodproofed in accordance with elevations established in accordance with Section 8, Subsection L.  When base flood elevation data is not available from a federal, state or other source, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade.

 

            Section 12.  Standard for Subdivision Proposals.

                                                                   A.         All subdivision proposals shall be consistent with the need to minimize flood damage;

                                                                   B.         All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

                                                                   C.         All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and,

                                                                   D.         Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty lots or five acres.

 

            Section 13.  Standard for Areas of Shallow Flooding (AO Zones).  Located within the areas of special flood hazard established in Section 6 are areas designated as shallow flooding.  These areas have special flood hazards associated with base flood depths of one to three feet (1 ‑ 3 feet) where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.  The following provisions shall apply within such areas:

                                                                   A.         All new construction and substantial improvements of non‑residential structures shall:

                                                                        (1)        have a lowest floor, including basement, elevated in the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade.  If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade; or,

                                                                        (2)        be completely floodproofed together with attendant utility and sanitary facilities or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

 

            Section 14.  Variance Procedures.

                                                                   A.         The Department of Administration, Office of State Construction, the Department of Insurance, the North Carolina Division of Emergency Management, NFIP State Coordinator, and the Secretary of the Department of Administration, hereafter referred to as the appeal board, shall hear and must concur on requests for variances from the requirements of this order.

                                                                   B.         Any person aggrieved by the decision of the appeal board or any taxpayer may appeal such decision to the Court, as provided in Chapter 7A of the North Carolina General Statutes.

                                                                   C.         Variances may be issued for the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

                                                                   D.         Variances may only be granted for Historic Structures and for wet Floodproofing of Non‑Residential Structures.  No variances may be granted for Residential construction.

                                                                   E.         In passing upon such applications, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this order, and:

                                                                        (1)        the danger that materials may be swept onto other lands to the injury of others;

                                                                        (2)        the danger to life and property due to flooding or erosion damage;

                                                                        (3)        the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

                                                                        (4)        the importance of the services provided by the proposed facility to the community;

                                                                        (5)        the necessity to the facility of a waterfront location, where applicable;

                                                                        (6)        the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

                                                                        (7)        the compatibility of the proposed use with existing and anticipated development;

                                                                        (8)        the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

                                                                        (9)        the safety of access to the property in times of flood for ordinary and emergency vehicles;

                                                                        (10)      the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,

                                                                        (11)      the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

                                                                   F.         Upon consideration of all the factors listed above and the purposes of this order, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this order.

                                                                   G.         Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

                                                                   H.         Conditions for Variances:

                                                                        (1)        Variances may not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances.

                                                                        (2)        Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

                                                                        (3)        Variances shall only be issued upon (i) a showing of good and sufficient cause; (ii)  a determination that failure to grant the variance would result in exceptional hardship; and, (iii)  a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

                                                                        (4)        Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and a written statement that the cose of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.  Such notification shall be maintained with a record of all variance actions.

                                                                        (5)        The local administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

 

            Section 15.  The Department of Insurance and the Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator's Office of the National Flood Insurance Program shall assist in jointly administering the provisions of this order under applicable statutory provisions.

 

            Section 16.  Abrogation and Greater Restrictions.  This order is not intended to repeal, abrogate, or impair any existing easements, convenants or deed restrictions.  However, where this order and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

 

            Section 17.  This order shall become effective immediately.  Done in Raleigh, North Carolina this the 24th day of July, 1990.

 

EXECUTIVE ORDER NUMBER 124

GOVERNOR'S TASK FORCE ON PRISON CONSTRUCTION AND CONSOLIDATION

 

            WHEREAS, an increasing inmate population has placed a tremendous burden upon our State correctional system, and

            WHEREAS, the North Carolina General Assembly has appropriated $75 million for new prison construction, and

            WHEREAS, the General Assembly has directed that the question of issuance of $200 million of general obligation bonds for new prison construction be placed on the November 1990 ballot, and

            WHEREAS, I have concluded that it is in the State's best interest to establish a task force for the purpose of studying prison construction economies and consolidation,

            THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  Establishment.  There is hereby established the Governor's Task Force on Prison Construction and Consolidation.

 

            Section 2.  Membership.  The task force shall consist of seven members to be appointed by the Governor and who shall serve at the pleasure of the Governor.  The chairperson of the task force shall be selected from among the membership by the Governor and shall serve as chairperson at the pleasure of the Governor.  The chairperson shall coordinate the activities of the task force.

 

            Section 3.  Purpose.  The purpose of the task force is to study current prison facility construction costs and methods of construction, placement, costs of operation, support personnel/population ratios, and any other issues which may prove helpful in reaching a determination as to whether or not smaller prison units can be consolidated into larger prison units for more efficient operation and the most economical methods of construction of new facilities.

 

            Section 4.  Reporting.  The task force shall report the findings of its study to the Governor no later than February 1, 1991.

 

            Section 5.  Administrative Support.  Administrative support for the task force shall be provided by the Department of Correction.

 

            Section 6.  Expenses.  Expenses shall be paid out of the Department of Correction's budget.  Those members of the task force who are State employees shall receive travel and subsistence in accordance with N.C.G.S. 138‑6.  Those members of the task force who are not State employees shall receive travel and subsistence in accordance with N.C.G.S. 138‑5.  Those members of the task force who are also members of the General Assembly shall receive travel and subsistence in accordance with N.C.G.S. 120‑3.1(a)(2) ‑ (a)(4).

 

            No per diem will be paid to any task force member.

 

            Section 7.  Duration.  This order shall be effective immediately and shall remain in effect until the purpose of the task force is accomplished.

 

            Done in Raleigh, North Carolina this the 18th day of September, 1990.

 

EXECUTIVE ORDER NUMBER 125

AMENDMENT OF EXECUTIVE ORDER NUMBER 71

 

            By the authority vested in me as Governor by the Constitution and laws of the State of North Carolina, it is ORDERED:

            Executive Order Number 71, which established the Governor's Task Force on Rail Passenger Service and which was extended by Executive Order Number 94, is amended as follows:

 

            In Section 1, the second sentence is amended to read, "The Task Force shall consist of twenty members appointed by the Governor to serve at the pleasure of the Governor."

            In Section 1, the fifth sentence is amended to read, "The Secretary of Transportation or his designee shall serve as an ex‑officio member and shall not be included in the twenty members to be appointed by the Governor."

 

            This order shall be effective immediately.

 

            Done in Raleigh, North Carolina this the 18th day of September 1990.

 

EXECUTIVE ORDER NUMBER 126

GOVERNOR'S HIGHWAY BEAUTIFICATION COUNCIL

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  Establishment.  There is hereby established the Governor's Highway Beautification Council.

 

            Section 2.  Membership.  The Council shall consist of 10 members to be appointed by the Governor and who shall serve at the pleasure of the Governor.  Seven members shall be appointed to represent each of the following geographic areas which are comprised of the following highway divisions:

                                                                   (1)        one member from division 1 and division 2

                                                                   (2)        one member from division 3 and division 4

                                                                   (3)        one member from division 5 and division 6

                                                                   (4)        one member from division 7 and division 8

                                                                   (5)        one member from division 9 and division 10

                                                                   (6)        one member from division 11 and division 12

                                                                   (7)        one member from division 13 and division 14

Three members shall represent the State at large.

 

            Section 3.  Chairperson.  The chairperson shall be chosen from among the membership of the Council by the Governor and shall serve as chairperson at the pleasure of the Governor.  The chairperson shall coordinate the activities of the Council.

 

            Section 4.  Purpose.  The purpose of the Council is to:

                                                                   (1)        provide for citizens' input to the Department of Transportation on new and existing highway beautification programs;

                                                                   (2)        make recommendations to the Department of Transportation regarding expenditures for the planting of wildflowers and/or other flora along the State highways;

                                                                   (3)        promote citizens' participation in the department's volunteer beautification programs; and

                                                                   (4)        provide information to the citizens of North Carolina concerning highway beautification issues.

 

            Section 5.  Administrative Support.  Administrative support for the Council shall be provided by the Department of Transportation's Beautification Program staff.

 

            Section 6.  Expenses.  Expenses shall be paid out of the Department of Transportation's budget.  Those members of the Council who are State employees shall receive travel and subsistence in accordance with N.C.G.S. 138‑6.  Those members of the Council who are not State employees shall receive travel and subsistence in accordance with N.C.G.S. 138‑5.  Those members of the Council who are also members of the General Assembly shall receive travel and subsistence in accordance with N.C.G.S. 120‑3.1(a)(2) ‑ (4).

 

            No per diem will be paid to any council member.

 

            Section 7.  Effective Date.  This order shall be effective immediately.

 

            Done in Raleigh, North Carolina this the 18th day of September, 1990.

 

EXECUTIVE ORDER NUMBER 127

AMENDMENT AND EXTENSION OF EXECUTIVE ORDER NUMBER 1 ESTABLISHING THE

NORTH CAROLINA BOARD OF ETHICS

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Executive Order Number 1, establishing the North Carolina Board of Ethics, as amended by Executive Order Number 30 and extended by Executive Orders Number 33 and 82, is hereby amended to include all members of boards, commissions, and councils within the executive branch that exercise the sovereignty of the State and/or advise the heads of principal departments, irrespective of appointing authority.  No appointee to a commission, board, or council subject to this order shall be permitted to participate in any official matters until he or she has filed a Statement of Economic Interest with the North Carolina Board of Ethics.

 

            Executive Order Number 1 is hereby extended for a period of 5 years from this date.

 

            Done in Raleigh, North Carolina, this the 29th day of October, 1990.

 

EXECUTIVE ORDER NUMBER 128

AMENDMENT OF EXECUTIVE ORDER NUMBER 127

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Executive Order Number 127 amending Executive Order Number 1 is amended as follows:

            Executive Order Number 127 is prospective in application to appointees of executive branch boards, commissions or councils whose initial appointment or reappointment occurs on or after the date of the order.  Members of executive branch boards, commissions or councils currently serving will have 90 days from the date of the order to file their Statements of Economic Interest with the North Carolina Board of Ethics.

 

            Done in Raleigh, North Carolina this the 1st day of November, 1990.

 

EXECUTIVE ORDER NUMBER 129

AMENDING EXECUTIVE ORDER NUMBER 121

GOVERNOR'S MINORITY, FEMALE AND DISABLED‑OWNED BUSINESSES

CONSTRUCTION CONTRACTORS ADVISORY COMMITTEE

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Executive Order Number 121 is amended as follows:

 

            Section 4.  Membership.  The membership of the Committee shall be comprised of at least the following 17 members to be appointed by, and serve at the pleasure of the Governor...

                                                                   (D)       The Secretary of the Department of Administration or his designee and the Secretary of the Department of Transportation or his designee will serve as ex‑officio, non‑voting members.

 

            This order is effective immediately.

 

            Done in Raleigh, North Carolina, this the 14th day of December, 1990.

 

EXECUTIVE ORDER NUMBER 130

SUPPLEMENTING EXECUTIVE ORDER NUMBER 114

 

            Reference is made to Executive Order Number 114 dated May 8, 1990.

 

            It has been determined from the continuing survey of the collection of revenues for the 1990‑91 fiscal year made by the Office of State Budget and Management that unless economies are effected in State expenditures in addition to those heretofore effected, the State will incur a deficit in the administration of its General Fund budget.

 

            THEREFORE, pursuant to authority granted to the Governor by Article III, Sec. 5(3) of the Constitution and to fulfill the duties required of the Governor thereunder:

 

                                                                   1.         It is found as a fact that based on General Fund revenue collections through December 31, 1990, and projections for the collection of these revenues through June 30, 1991, actual receipts of General Fund revenues for the 1990‑91 fiscal year will not meet those anticipated and budgeted by the 1989 General Assembly.

                                                                   2.         From this fact it is determined and concluded that unless additional economies in State expenditures are made, the State's General Fund expenditures will exceed General Fund receipts for the biennium.

                                                                   3.         To insure that a deficit is not incurred in the administration of the General Fund budget for the 1989‑90 biennium, the following additional economies in State expenditures are found to be necessary and are hereby ORDERED:

 

            Section 1.  Effective January 9, 1991, and until further notice, except those for which prior commitments have been made, vacant positions in those agencies of State Government funded by General Fund appropriations may not be filled, without prior written approval of the Office of State Budget and Management.

 

            Section 2.  This Order shall become effective at 10:00 a.m., January 9, 1991, and shall remain in effect until rescinded by further Executive Order.

 

            Done at 10:00 a.m., in the Capital City of Raleigh, North Carolina, this 9th day of January, 1991.

 

EXECUTIVE ORDER NUMBER 131

AMENDMENT TO EXECUTIVE ORDER NUMBER 15

JUVENILE JUSTICE PLANNING COMMITTEE

 

            WHEREAS, The Juvenile Justice Planning Committee was established by Executive Order Number 15 on June 28, 1985, and extended by Executive Order Number 94 on July 14, 1989; and

 

            WHEREAS, In order to meet the Federal guidelines contained in the Federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended, it is now necessary to alter the membership requirements of that committee;

 

            THEREFORE, by authority vested in me as Governor by the laws and the Constitution of North Carolina, IT IS ORDERED:

 

            The first sentence of Executive Order Number 15, Section 1, is amended to read:

 

"The membership of the Juvenile Justice Planning Committee, an adjunct committee of the Governor's Crime Commission, shall consist of twenty‑five (25) members selected as follows:"

 

            Section 1(b) of Executive Order Number 15 is amended to read as follows:

 

"The following nine members shall be appointed by the Secretary of the Department of Crime Control and Public Safety and shall serve at his pleasure:

i)          a representative of a business group or a business that employs youth;

ii)         a representative of private organizations, including those with a special focus on maintaining and strengthening the family unit, or those representing parents or parent groups, or those concerned with delinquency prevention and treatment and with neglected or dependent children, or those concerned with the quality of juvenile justice, education, or social services for children;

iii)        a representative of an organization that utilizes volunteers to work with delinquents or potential delinquents;

iv)        a representative of a community‑based delinquency prevention or treatment program;

v)         a youth worker involved with alternative youth programs;

vi)        a person with special experience and competence in addressing the problems of the family, school violence and vandalism, and learning disabilities; and

vii)       three members under the age of 24, and who have been or are currently under the jurisdiction of the juvenile justice system."

 

            All other provisions of Executive Order Number 15 remain in force.

 

            This order shall be effective immediately and shall remain in effect until June 30, 1993.

 

            Done in Raleigh, North Carolina this the 7th day of February, 1991.

 

EXECUTIVE ORDER NUMBER 132

ESTABLISHMENT OF GOVERNOR'S COUNCIL ON ALCOHOL

AND OTHER DRUG ABUSE

 

            WHEREAS, the Governor's Council on Alcohol and Drug Abuse Among Children and Youth was established by Executive Order Number 23 and was extended by Executive Order Number 64; and

 

            WHEREAS, it has been made known to me that a change in the name and scope of this Council is appropriate;

 

            NOW THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

            Section 1.  ESTABLISHMENT

                                                                   (a)        There is hereby established a Governor's Council on Alcohol and Other Drug Abuse.

                                                                   (b)        The Council shall consist of not more than twenty (20) persons who shall be appointed by the Governor.  The Governor shall designate the chairperson of the Council.  All Council members shall serve at the pleasure of the Governor.

                                                                   (c)        The persons appointed shall be citizens who have demonstrated interest, involvement or expertise in issues related to prevention, intervention and treatment of alcohol and other drug abuse.

 

            Section 2.  FUNCTIONS

                                                                   (a)        The Council is authorized to meet regularly at the call of the Chairperson, the Governor, or the Secretary of Human Resources.

                                                                   (b)        In fulfilling its undertaking, the Council shall have the following duties relating to alcohol and other drug abuse issues:

                                                                        (1)        Review the General Statutes of North Carolina applicable to substance abuse, including criminal and service delivery legislation and make recommendations concerning needed changes;

                                                                        (2)        Review and recommend mechanisms for the coordination of state and local resources for addressing identified needs;

                                                                        (3)        Conduct public hearings and advise the Governor and other appropriate state government departments and agency heads of the result and recommendations of the Council;

                                                                        (4)        Encourage local areas to identify an existing board, council or commission to mobilize resources to address substance abuse problems;

                                                                        (5)        Encourage local boards, councils or commissions to develop an implementation plan to meet identified needs;

                                                                        (6)        Assist local boards, councils or commissions in identifying model prevention, intervention and treatment efforts;

                                                                        (7)        Encourage program activities that increase public awareness of substance abuse and strategies to decrease the problem; and

                                                                        (8)        Other such duties as assigned by the Governor or the Secretary of Human Resources.

 

            Section 3.  ADMINISTRATION

                                                                   (a)        The heads of the State departments and agencies shall, to the extent permitted by law, provide the Council information as may be required by the Council in carrying out the purposes of the Order.

                                                                   (b)        The Department of Human Resources shall provide staff and support services as directed by the Secretary of Human Resources.

                                                                   (c)        Members of the Council shall serve without compensation, but may receive reimbursement contingent on the availability of funds for travel and subsistence expenses in accordance with state guidelines and procedures.

                                                                   (d)        The Council shall be funded by the Department of Human Resources and contributions received from the private sector.

 

            Section 4.  REPORTS

                                                                   (a)        The Council shall present an annual report to the Governor and the Secretary of Human Resources.

                                                                   (b)        Reports of recommendations may be submitted to the Governor and Secretary of Human Resources as deemed appropriate by the Chairperson.

 

            Section 5.  IMPLEMENTATION

            The Office of the Secretary of Human Resources will review reports and recommendations and take appropriate action.

 

            Section 6.  PRIOR ORDERS

            All prior Executive Orders or portions of prior Executive Orders inconsistent herewith are hereby repealed.

 

            This Order is effective this the 22nd day of February, 1991, and shall expire two years from this date unless terminated or extended by further Executive Order.

 

EXECUTIVE ORDER NUMBER 133

EXPANDING THE MEMBERSHIP OF GOVERNOR'S HIGHWAY

BEAUTIFICATION COUNCIL

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            The first sentence of Section 2 of Executive Order Number 126 is amended in part to read, "The Council shall consist of 15 members to be appointed by the Governor and who shall serve at the pleasure of the Governor."  The final sentence of Section 2 is amended to read, "Eight members shall represent the State at large."

 

            All other provisions of Executive Order Number 126 shall remain unchanged.

 

            This Order shall be effective immediately.

 

            Done in Raleigh, North Carolina this the 22nd day of February, 1991.

 

EXECUTIVE ORDER NUMBER 134

GRANTING SPECIAL READJUSTMENT LEAVE TO EMPLOYEES OF THE STATE

WHO HAVE SERVED WITH THE NATION'S ARMED FORCES DURING THE PERSIAN

GULF CONFLICT

 

            North Carolina is proud of its sons and daughters who have served with the Nation's Armed Forces during the Persian Gulf Conflict.  We have prayed for their safety and welcome their return.  But that is not enough.  We now must do all we can to help make their return to their everyday lives as easy as possible.

            Many of those who served in our armed forces during the Persian Gulf Conflict were State employee National Guardsmen and reservists who interrupted their employment with the State and took military leave without pay to perform their military duties.  Over the next few months they will be coming home to their families and friends and to resume their State employment.  As an employer, the State can ease their transitions from their military to their civilian lives by granting to them a special readjustment leave, with pay, in which to reorder their affairs before returning to work.

            THEREFORE, in grateful recognition of all that they have done for us by their service in the Armed Forces of the United States during the Persian Gulf Conflict and pursuant to authority granted to me as Governor by Article III, Sec. 1 of the Constitution and North Carolina General Statutes §§143A‑4 and 143B‑4, it is ORDERED:

 

            Section 1.  Upon resuming their employment with the State all State employees on military leave without pay from their regular State employment on account of extended active duty with the Armed Forces of the United States during the Persian Gulf Conflict, shall be given 80 hours (10 days) special readjustment leave to be used by such employees prior to returning to work.

 

            Section 2.  For the purposes of this Executive Order:

                                                                   (a)        "Persian Gulf Conflict" shall refer to that time beginning August 2, 1990, and ending when this Executive Order is revoked.

                                                                   (b)        "State employees" shall refer to all persons employed by the State or agencies of the State who are paid in whole or in part with State funds, including employees of local education agencies and community colleges.

 

            Section 3.  This special readjustment leave shall be in addition to the regular leave by such State employees.  Any such leave that is not used within twelve months after the recipient has returned to work or prior to his separation from State employment, shall be lost.

 

            Section 4.  This special readjustment leave shall be administered by the Office of State Personnel.

 

            Section 5.  The following Council of State members are hereby given special recognition for the concurrence and encouragement they have given to me in promulgating this executive order:

 

                James C. Gardner      Lieutenant Governor

 

                Harlan E. Boyles       State Treasurer

 

                John C. Brooks         Commissioner of Labor

 

                Rufus L. Edmisten     Secretary of State

 

                Bobby R. Ethridge     Superintendent of Public Instruction

 

                James A. Graham      Commissioner of Agriculture

 

                James E. Long          Commissioner of Insurance

 

                Edward Renfrow       State Auditor

 

                Lacy H. Thornburg    Attorney General

 

Special recognition is also given to the State Personnel Commission and Office of State Personnel for their endorsement of the same.

 

            Section 6.  This executive order shall be effective immediately and shall continue in effect until revoked by me or my successor.

 

            Done in Raleigh, North Carolina this 7th day of March, 1991.

 

EXECUTIVE ORDER NUMBER 135

RESCISSION OF EXECUTIVE ORDERS NUMBER 88 AND NUMBER 102

COLUMBUS VOYAGES QUINCENTENARY COMMISSION

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            The Columbus Voyages Quincentenary Commission is hereby dissolved, and Executive Orders Number 88 and Number 102 are hereby rescinded.

 

            This order shall be effective immediately.

 

            Done in Raleigh, North Carolina this the 19th day of March, 1991.

 

EXECUTIVE ORDER NUMBER 136

ESTABLISHING THE NORTH CAROLINA ADVISORY COUNCIL ON

TELECOMMUNICATIONS IN EDUCATION

 

            WHEREAS, to solve the problems of education we must use all available resources and technologies to their fullest extent; and

 

            WHEREAS, the use of telecommunications can rapidly increase our ability to reach those in need of special courses and technical training; and

 

            WHEREAS, the educational problems in our State require that educators develop or coordinate a plan for the use of telecommunications;

 

            THEREFORE, by the authority vested in me as Governor by the Constitution and Laws of North Carolina, IT IS ORDERED:

 

            Section 1.  Establishment.  There is hereby established the North Carolina Advisory Council on Telecommunications in Education.

 

            Section 2.  Membership.  The Advisory Council shall be composed of the following members:

 

                                                                   1.         The President of the University of North Carolina System;

 

                                                                   2.         The President of the Department of Community Colleges;

 

                                                                   3.         The Superintendent of the Department of Public Instruction;

 

                                                                   4.         The Secretary of the Department of Administration;

 

                                                                   5.         The Secretary of the Department of Correction;

 

                                                                   6.         The Senior Education Advisor to the Governor;

 

                                                                   7.         The Education Advisor to the Governor;

 

                                                                   8.         The State Controller; and

 

                                                                   9.         The President of the Microelectronics Center of North Carolina.

 

            Any member may designate a representative to participate in Advisory Council business in the event that such member is unable to participate in person.

 

            The Advisory Council may call upon experts in the fields of education and telecommunications for information and advice.

 

            Section 3.  Chairman and Meetings.  The Secretary of the Department of Administration shall serve as Chairman.  The Advisory Council shall meet at least once per quarter at the call of the Chairman.

 

            Section 4.  Purposes.  The Advisory Council shall perform the following duties:

 

                                                                   a.          develop a long‑range plan to be presented to the Governor for the use of technology in public schools, universities, community colleges, homes, and prisons across the State; and

 

                                                                   b.         coordinate efforts for the efficient use of telecommunications in education.

 

            Section 5.  Administrative Support and Expenses.  Administrative support for the Advisory Council shall be provided by the Office of the Governor.  No member shall be entitled to a per diem allowance.  Reimbursement for actual expenses may be paid out of funds appropriated to the Office of the Governor.

 

            Section 6.  Semiannual Reports.  The Advisory Council shall submit a semiannual report to the Governor on its findings and progress.

 

            Section 7.  Effective Date and Expiration.  This Executive Order shall be effective immediately and shall expire two years from this date, unless amended or extended by further Executive Order of the Governor.

 

            Done in Raleigh, North Carolina, this the 20th day of March, 1991.

 

EXECUTIVE ORDER NUMBER 137

ESCROWING CONTRIBUTIONS TO THE TEACHERS' AND STATE EMPLOYEES'

RETIREMENT SYSTEM

 

            Shortfalls and possible shortfalls in the State's revenue collections for fiscal year 1990‑91, require that the State conserve its cash resources whenever the same can be done without impairing either the services rendered by the State or the compensation paid to the State's employees who render the services.

 

            Appropriated but unpaid contributions to the Teachers' and State Employees' Retirement System are authorized contributions by the State to the System but are not "funds" of the Teachers' and State Employees' Retirement System, as that word is used in Article V, Sec. 6(2) of the Constitution.  Like other appropriations, appropriations to the Teachers' and State Employees' Retirement System are subject to the directive given the Governor by Article III, Sec. 5(3) of the Constitution, to avoid deficits by effecting economies in State expenditures.

 

            Actuarial studies based on assumptions that I find acceptable show that the amounts of the State's past contributions to the Teachers' and State Employees' Retirement System have been such that the State's contributions to the System for the months of January through June, 1991, can be foregone without impairing either the current of future retirement, disability or death benefits to which retirees are entitled under present law.

 

            THEREFORE, to the end that the State's cash resources may be sufficient to meet the State's needs for cash for the balance of FY 1990‑91 and pursuant to authority granted to me by Article III, Sec. 1 and 5(3) of the Constitution, N.C.G.S. §§143A‑4 and §§143B‑4 and the Executive Budget Act, it is ORDERED:

 

            Section 1.  The State's agencies shall not make contributions to the Teachers' and State Employees' Retirement System for the months of January through June 1991.

 

            Section 2.  The Office of State Budget and Management shall escrow in a special account within the Treasury, cash in an amount equal to 2.3% and 0.16% of the compensation paid by the State to members of the Teachers' and State Employees' Retirement System for the months of January through June, 1991.  If and at such time prior to June 30, 1991, it is found necessary to use some or all of the cash so escrowed to keep the State from incurring a deficit as defined in Article III, Sec. 5(3) of the Constitution, so much of the escrowed cash as shall be needed therefor shall be transferred to the General Fund.  All cash remaining in the Escrow Fund on June 30, 1991, if any, shall be paid to the Trustees of the Teachers' and State Employees' Retirement System before the close of that business day as the State's contribution to the Fund for the period January 1 through June 30, 1991.

 

            Section 3.  This Executive order shall be effective immediately and remain in effect until rescinded or the beginning of the business day July 1, 1991, whichever is earlier.

 

            Done in Raleigh, North Carolina this 22nd day of March, 1991.

 

EXECUTIVE ORDER NUMBER 138

AMENDING EXECUTIVE ORDER NUMBER 137

 

            Section 1.  Executive order No. 137 is amended to read as follows:

 

"EXECUTIVE ORDER NO. 137

ESCROWING CONTRIBUTIONS TO THE TEACHERS' AND STATE EMPLOYEES'

RETIREMENT SYSTEM

 

            "Shortfalls and possible shortfalls in the State's revenue collections for fiscal year 1990‑91, require that the State conserve its cash resources whenever the same can be done without impairing either the services rendered by the State or the compensation paid to the State's employees who render the services.

 

            "Appropriated but unpaid contributions to the Teachers' and State Employees' Retirement System are authorized contributions by the State to the System but are not "funds" of the Teachers' and State Employees' Retirement System, as that word is used in Article V, Sec. 6(2) of the Constitution.  Like other appropriations, appropriations to the Teachers' and State Employees' Retirement System are subject to the directive given the Governor by Article III, Sec. 5(3) of the Constitution, to avoid deficits by effecting economies in State expenditures.

 

            "Actuarial studies based on assumptions that I find acceptable show that the amounts of the State's past contributions to the Teachers' and State Employees' Retirement System have been such that the State's contributions to the System for the months of January through June, 1991, may be reduced as hereinafter provided without impairing either the current or future retirement, disability or death benefits to which retirees are entitled under present law.

 

            "THEREFORE, to the end that the State's cash resources may be sufficient to meet the State's needs for cash for the balance of FY 1990‑91 and pursuant to authority granted to me by Article III, Secs. 1 and 5(3) of the Constitution, N.C.G.S. §§143A‑4 and §§143B‑4 and the Executive Budget Act, it is ORDERED:

 

            "Section 1.  If hereafter found by me to be necessary to enable the State to meet its needs for cash for the remainder of FY 1990‑91 and thereby avoid a deficit as defined in Article III, Sec. 5(3) of the Constitution, the State's agencies' contributions to the Teachers' and State Employees' Retirement System for the months of January through June 1991, shall be reduced as provided in Section 2, hereof.

 

            "Section 2.  The Office of State Budget and Management shall escrow cash in an amount equal to 2.3% and 0.16% of the compensation paid by the State to members of the Teachers' and State Employees' Retirement System for the months of January through June, 1991.  If and at such time prior to June 30, 1991, it is found by me to be necessary to use some or all of the cash so escrowed to keep the State from incurring a deficit as defined in Article III, Sec. 5(3) of the Constitution, so much of the escrowed cash as shall be needed therefor shall be transferred to the General Fund.  All cash remaining in the Escrow Fund on June 30, 1991, if any, shall be paid to the Trustees of the Teachers' and State Employees' Retirement System before the close of that business day as the State's contribution to the Fund for the period January 1 through June 30, 1991.

 

            "Section 3.  This Executive Order shall be effective immediately and remain in effect until rescinded or the beginning of the business day July 1, 1991, whichever is earlier.

 

            Done in Raleigh, North Carolina this 22nd day of March, 1991."

 

            Section 2.  Executive Order No. 137, as amended, is republished and reaffirmed in its entirety.

 

            Section 3.  This Executive Order is effective immediately.

 

            Done in Raleigh, North Carolina this 28th day of March, 1991.

 

EXECUTIVE ORDER NUMBER 139

ESTABLISHING THE GOVERNOR'S VOLUNTEER ADVISORY COUNCIL

 

            WHEREAS, Congress has passed and the President has signed the National and Community Service Act of 1990; and

 

            WHEREAS, the Act requires that the Governor or his designee submit one consolidated application for funding to the National Service Act Commission; and

 

            WHEREAS, I find that an advisory council is necessary to assist me in the development of a consolidated, statewide plan for volunteer programs in North Carolina;

 

            NOW THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina; IT IS ORDERED:

 

            Section 1.  Establishment.  There is hereby established the Governor's Volunteer Advisory Council.

 

            Section 2.  Membership.  Members of the Volunteer Advisory Council shall be appointed by the Governor.  The Council shall consist of no fewer than l5 and no more than 18 members.  In establishing the Volunteer Advisory Council, the Governor shall appoint 8 members for a term of one year, and 7 to 10 members for a term of two years.  Following expiration of the one‑year term, all appointments shall be for two‑year terms.  Members may not serve more than two consecutive terms.  Members shall be representatives from the public, private, and non‑profit sectors and individuals with a special interest in the promotion of volunteerism.

 

            Section 3.  Officers.  The Officers of the Volunteer Advisory Council shall be Chairman, Vice‑Chairman, and Secretary.  The Chairman shall be appointed by the Governor.  The Vice‑Chairman and Secretary shall be elected by the Council.  All officers shall serve for a term of one year.  In the event of a vacancy in the office of Chairman, the Governor shall appoint a replacement to finish the unexpired term.  Vacancies in the offices of Vice‑Chairman and Secretary shall be filled by election by the Council.

 

            Chairman:  It shall be the duty of the Chairman to preside at all meetings of the Advisory Council; to appoint all committee chairmen; to assist all chairmen in the planning of committee activities; to supervise all chairmen as to the management of committee plans; to call all special meetings with the approval of the Governor's Office of Citizen Affairs Executive Director; and to be an ex‑officio member of all committees.

 

            Vice‑Chairman:  The Vice‑Chairman shall assist the Chairman, and in the absence of the Chairman shall perform the duties of the Chairman.  The Vice‑Chairman shall accept special assignments from the Chairman and perform other duties as delegated by the Volunteer Advisory Council.

 

            Secretary:  The Secretary shall be responsible for the minutes of the meetings of the Advisory Council and the Executive Committee; shall keep an updated list of names, addresses and phone numbers of Volunteer Advisory Council members; and shall keep a record of attendance at meetings.

 

            Section 4.  Executive Committee.  There shall be an Executive Committee consisting of the Officers of the Volunteer Advisory Council, the Executive Director of the Governor's Office of Citizen Affairs, and the Governor's Volunteer Program Coordinator.  The Executive Committee shall have authority to act as the full Council in instances where it is impossible to assemble the entire Council.

 

            Section 5.  Meetings.  The Advisory Council shall meet at least bi‑monthly.  Failure to attend at least 75 percent of called meetings in any calendar year shall result in removal from the Council.  At least fourteen days prior to a full Volunteer Advisory Council meeting, notice in writing shall be given to each member by first class mail, postage prepaid and sent to the member's last known address as shown in the records of the Commission.  A quorum shall consist of a simple majority of the current Volunteer Advisory Council membership.  Roberts Rules of Order, revised, shall be the parliamentary authority for all matters of procedure.

 

            Section 6.  Purpose.  The Governor's Volunteer Advisory Council shall advise, assist, and support the Governor and his Office of Citizen Affairs in matters involving volunteerism and the planning and implementation of volunteer programs.  This Council shall, in its advisory role, assist the Governor's National Service designee and the Governor's Office of Citizen Affairs in the development and coordination of a consolidated statewide plan for volunteer programming in North Carolina.

 

            Section 7.  Duties.  The Council shall have the following duties:

 

                                                       (1)        Assist the Governor's designee with the planning and submission of a coordinated statewide plan for volunteer programs in each of the Title areas of the National and Community Service Act of 1990;

 

                                                                   (2)        Make recommendations for innovative, creative programs to increase volunteer participation in all age groups;

 

                                                                   (3)        Assist the Governor's Office of Citizen Affairs in the planning and implementation of volunteer programs;

 

                                                                   (4)        Develop and establish a centralized, organized system of obtaining information and advice concerning volunteerism throughout North Carolina;

 

                                                                   (5)        Assist the Governor's Office of Citizen Affairs in forming a partnership between government (state and federal), non‑profit organizations, private volunteer organizations, and the business community to ensure support and further the advancement of North Carolina's volunteer community;

 

                                                                   (6)        Assist in the planning of statewide recognition and recruitment of volunteers and promotion of volunteerism;

 

                                                                   (7)        Serve as advocates for volunteerism in matters involving legislation on the state and federal levels;

 

                                                                   (8)        Advise and assist in the development of future Governor's Office of Citizen Affairs goals and objectives concerning volunteerism in North Carolina;

 

                                                                   (9)        Serve as representatives of the Governor at volunteer functions throughout the State.

 

            Section 8.  Administration and Expenses.  The staff of the Governor's Office of Citizen Affairs shall serve as administrative support for the Advisory Council.  A Governor's Office of Citizen Affairs staff member shall serve as Administrator to the Advisory Council.  Permanent records of all Volunteer Advisory Council business shall be maintained in the Governor's Office of Citizen Affairs and shall be the responsibility of the Council Administrator.

            No per diem allowances shall be paid to members of the Council. Members of the Council may be reimbursed for necessary travel and subsistence expenses as authorized by N.C.G.S. 138‑5.  Funds for reimbursement of such expenses shall be made available from funds authorized by the Governor's Office of Citizen Affairs.

 

            This Order effective this the 28th day of March, 1991.

 

EXECUTIVE ORDER NUMBER 140

APPOINTING SPECIAL COMMISSION TO INVESTIGATE SHORTAGES

IN THE NORTHAMPTON COUNTY SCHOOLS' FINANCES

 

            The Northampton County Board of Commissioners has asked that I appoint a special commission to investigate shortages and the causes for the shortages in the Northampton County Schools' finances.  Documents were submitted in support of the request which evidence that shortages totaling $484,185 were suffered during the 1988‑89 and 1989‑90 school years and that there have been various violations of the North Carolina School Finance Act.  The request was made by the Northampton County Board because it felt that the financial condition of the schools had deteriorated to the point that neither the Northampton Board of Education nor the Northampton County Board could cope with it.

 

            North Carolina General Statute §143‑158 authorizes the Governor to appoint special commissions to investigate State departments or institutions and submit their findings to him.

 

            Article IX, Sec. 5 of the Constitution vests the State Board of Education with the authority and responsibility for supervising and administering the State's free public school system and the educational funds provided by the State for its support.  Northampton County Schools is a part of the free public school system and it and the funds provided for its support are subject to the supervision and administration of the State Board of Education.

 

            The State Auditor has the authority and resources to do much of the work that will be required for the State Board of Education to make the investigation requested by the Northampton County Board.  The State Board of Education has made known to me that it would be helpful to the State Board to have the benefit of the assistance of the State Auditor in carrying out the investigation.

 

            THEREFORE, as requested by the Northampton County Board of Commissioners and pursuant to Articles III, Sec. 1 and Article IX, Sec. 5 of the Constitution and North Carolina General Statutes §143‑158, §143A‑25 and §147‑64.6(c)(3), it is ORDERED:

 

            Section 1:  The State Board of Education is hereby designated a Special Commission to investigate alleged shortages in the Northampton County School's finances and the causes for such shortages and report to me (i) the results of its findings and (ii) its recommendations for remedying whatever shortcomings found.

 

            Section 2:  The State Auditor is hereby requested to assist the State Board of Education in its investigation by conducting a Special Investigation and Compliance Audit of the Northampton County Schools for such periods as are found to be indicated for the State Board of Education to discharge its responsibilities hereunder and to do all such other things as appear to the State Auditor to be appropriate to that end and to report the results of the same to the State Board of Education.

 

            Section 3:  The Attorney General, the Department of Justice, the State Treasurer, the Local Government Commission and all other agencies of the State called upon to do by the State Board of Education and/or the State Auditor, shall furnish assistance to the State Board and/or the State Auditor in conducting this investigation.

 

            Section 4:  This Executive Order shall be effective immediately and shall remain in effect until terminated by me or my successor.

 

            Done in Raleigh, North Carolina, this 22nd day of April, 1991.

 

EXECUTIVE ORDER NUMBER 141

AMENDING EXECUTIVE ORDER NUMBER 90

GOVERNOR'S ADVISORY COUNCIL ON LITERACY

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

            Executive Order Number 90, as amended by Executive Order Number 104, is hereby amended to add the following member to the Council:

 

Section 2.  Membership

 

                                                                   12.        One representative of the Department of Human Resources working in early child development to be appointed by the Governor

 

            Executive Order Number 90 is hereby extended until May 18, 1993.

 

            This Executive Order shall become effective immediately.

 

            Done in Raleigh, this the 17th day of April, 1991.

 

 

EXECUTIVE ORDER NUMBER 142

CHILD PROTECTIVE SERVICES

 

            WHEREAS, the future of North Carolina depends on its children; and

 

            WHEREAS, the number of abuse and neglect cases have skyrocketed in recent years, in too many instances cutting short the lives of our youngest citizens; and

 

            WHEREAS, county departments of social services received 36,000 reports of child abuse and neglect in state fiscal year 1989 involving more than 52,000 children; and

 

            WHEREAS, reports of abuse and neglect are increasing dramatically at a time when both the state and counties are facing serious revenue shortfalls, leaving them unable to provide the funds necessary for the number of social services workers needed to investigate abuse/neglect reports and provide treatment for children and their families; and

 

            WHEREAS, it is the duty of the Department of Human Resources' Division of Social Services to assist counties in providing the services necessary to protect children from abusive home situations;

 

            NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Section 1.  The Secretary of Human Resources is responsible for ensuring that the Division of Social Services strengthen its supervision of county administered Child Protective Services (CPS) programs through such mechanisms and methods as: the procedures for division review of child fatalities, the establishment of Community Child Protection Teams, more effective monitoring of CPS screening decisions, improvements to the Central Registry for Child Abuse and Neglect, increased training and community awareness, enhancement of the Child Medical Evaluation Program and proposed legislative actions.

 

            Section 2.  The Secretary of Human Resources is hereby directed to request the Social Services Commission to enact emergency rules, in accordance with Chapter 150B of the North Carolina General Statutes, requiring each County Department of Social Services to establish a Community Child Protection Team to review defined cases of child abuse or neglect, including child fatalities.  It is my recommendation that the membership of each team include, but not be limited to, the following individuals: the director of Social Services and a member of their staff, local law enforcement, the District Attorney's office, the medical profession, community action agency, school personnel, county social services board member and, at their option, three to five members appointed by the county board of commissioners.  The county board of commissioners may by action within 30 days designate the chairman of the review team.  Otherwise, the director of Social Services will chair the team.

 

            In cases of abuse/neglect, the focus of the team shall be to ensure appropriate community involvement in the protection of the children and to assist the county department of social services in evaluating allegations of maltreatment and in planning and providing services to prevent further abuse/neglect.  In the review of child fatalities resulting from maltreatment, the focus of the review team will be to identify gaps and deficiencies in the local child protection system and help put into place needed remedies, and to assist the county department of social services in the protection of surviving siblings.

 

            The teams shall conduct their reviews in compliance with all laws and regulations governing confidentiality of abuse/neglect records.

 

            Section 3.  It shall be the responsibility of the Department of Human Resources Division of Social Services, in accordance with the laws and through the adoption of emergency rules by the Social Services Commission, to:

 

                                                                   1.         Develop procedures to guide the operation of community child protection teams and to define the cases which will be subject to review by the county teams.

                                                                   2.         Standardize among counties the interpretation of "caretaker" so all counties investigate allegations of abuse and neglect involving non‑traditional family members, such as boyfriends.

 

                                                                   3.         Require each county department of social services to have a two level review prior to making a decision not to investigate a report of alleged abuse or neglect.  Such review would, at a minimum, involve the worker receiving the call and that person's supervisor and could include review by the county director.

 

                                                                   4.         Monitor closely county cases in which the decision was made not to investigate a report.

 

                                                                   5.         Require each county department to establish a process by which the reporting person may request and obtain a review of the decision not to investigate, and will require that such persons be informed of the process for obtaining such a review.

 

                                                                   6.         Require that all county Child Protective Services staff attend basic training courses developed by the Division of Social Services after consultation with the Office of State Personnel.

 

                                                                   7.         Make improvements to the Central Registry for Child Abuse and Neglect by amending 10 N.C.A.C. 41I .0102.  These improvements will allow county departments of social services to identify whether children who are the subject of abuse/neglect investigations have been previously reported as abused or neglected, or whether the child is a member of a family in which a child fatality due to maltreatment has occurred in any county in the state.  These improvements shall allow law enforcement and medical professionals to have all pertinent information from the State Central Registry which legally may be disclosed.  Further, these improvements shall allow the Department of Human Resources and the division to provide access, as allowed by law, to the Central Registry by law enforcement and the Chief Medical Examiner's office in the event of a child fatality to determine whether abuse or neglect should be evaluated as a cause of death.

 

                                                                   8.         Provide quarterly reports to the public on child fatalities that occur due to maltreatment.

 

            Section 4.  Funds from the Community Services Block Grant administered by local Community Action Agencies shall be allocated for Community Awareness Conferences across the state.  The Conferences will seek to increase citizen and agency participation in appropriate reporting of child abuse/neglect and fatalities, and in family preservation and child protection activities.

 

            Section 5.  The terms and conditions of this Executive Order which may conflict with the terms and conditions of previous Executive Orders on this subject shall control.

 

            Section 6.  This Order shall become effective immediately.

 

            Done in the Capital City of Raleigh, North Carolina, this the 1st day of May, 1991.

 

EXECUTIVE ORDER NUMBER 143

NORTH CAROLINA ADVISORY COUNCIL ON VOCATIONAL AND APPLIED TECHNOLOGY

EDUCATION

 

            WHEREAS, the Carl D. Perkins Vocational Education Act was enacted by Congress through Public Law 88‑210 on December 18, 1963, and amended by Public Law 98‑524 on October 19, 1984; and

 

            WHEREAS, Public Law 101‑392, the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990, was enacted by Congress on September 25, 1990, for the purpose of enabling further improvements in the provision of services under such Act;

 

            THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North Carolina, it is ORDERED:

 

            Section 1.  Executive Order Number 3 Rescinded.  Executive Order Number 3, dated March 27, 1985, is hereby rescinded.  All records of the North Carolina Advisory Council on Vocational Education created pursuant to Executive Order Number 3 are transferred to the Council created herein.  The Council established in Section 2 of this executive order shall be the successor to the North Carolina Advisory Council on Vocational Education.

 

            Section 2.  Establishment.  The North Carolina Advisory Council on Vocational and Applied Technology Education (hereinafter Council) is hereby established in accordance with the requirements of Section 112 of Public Law 98‑524 as amended by Public Law 101‑392.

 

            Section 3.  Membership.  The Council shall consist of 13 members appointed by the Governor and who serve at his pleasure.  The composition of the Council's membership shall be as prescribed by Sec. 112 of Public Law 98‑524 as amended by Public Law 101‑392.

 

            Section 4.  Duties and Responsibilities.  The Council shall meet, select from among its membership a chairperson who shall be a representative of the private sector, and perform all duties and responsibilities required by Public Law 98‑524 as amended by Public Law 101‑392, Carl D. Perkins Vocational and Applied Technology Education Act (hereinafter Act).

 

            Section 5.  Administration.  The State of North Carolina and all its constituent departments, agencies and institutions shall cooperate with the Council including providing appropriate office space and support services.

 

            This Order is effective immediately.

 

            Done this the 1st day of May, 1991.

 

EXECUTIVE ORDER NUMBER 144

AMENDING AND EXTENDING EXECUTIVE ORDER NUMBER 53

THE GOVERNOR'S INTER‑AGENCY ADVISORY TEAM ON ALCOHOL AND OTHER DRUG

ABUSE

 

            By the authority vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

 

            Executive Order Number 53, as amended by Executive Order Number 85, is hereby amended to add the following member to the Advisory Team.

 

            Section 1.  Establishment

 

            The Advisory Team shall consist of not less than eleven members and shall include the following. . .

 

            A representative from the Department of Environment, Health and Natural Resources.

 

            Executive Order Number 53 is hereby extended until March 1, 1993.

 

            This Executive Order shall become effective immediately.

 

            Done in Raleigh, this the 3rd day of May, 1991.

 

EXECUTIVE ORDER NUMBER 145

REALLOCATING THE COMMUNITY PENALTIES PROGRAM FROM THE DEPARTMENT OF

CRIME CONTROL AND PUBLIC SAFETY TO THE DEPARTMENT OF CORRECTION

 

            Upon examination of the functions, powers, and duties of the Department of Crime Control and Public Safety related to the administration of the Community Penalties Program, it appears to be necessary for efficient administration and in the best interest of the State for the Community Penalties Program provided by Article 11, Part 6 of Chapter 143B of the North Carolina General Statutes to be reallocated from the Department of Crime Control and Public Safety to the Department of Correction;

 

            THEREFORE, pursuant to authority vested in me as Governor by Article III, Section 5(10) of the Constitution and North Carolina General Statutes Sections 143A‑8 and 143B‑12, IT IS ORDERED:

 

            The Community Penalties Program provided by Article 11, Part 6 of Chapter 143B of the North Carolina General Statutes, is hereby reallocated from the Department of Crime Control and Public Safety to the Department of Correction in the manner described for a Type I transfer in North Carolina General Statute 143A‑6.

 

            Done in Raleigh, this the 30th day of May, 1991.

 

EXECUTIVE ORDER NUMBER 146

SUPPLEMENTING EXECUTIVE ORDER NUMBER 145

REALLOCATING THE COMMUNITY PENALTIES PROGRAM FROM THE DEPARTMENT OF

CRIME CONTROL AND PUBLIC SAFETY TO THE DEPARTMENT OF CORRECTION

 

            Executive Order No. 145 shall not be implemented until further Executive Order signed by me.

 

            Done in the Capital City of Raleigh, North Carolina, this 28th day of June, 1991.

 

EXECUTIVE ORDER NUMBER 147

ESTABLISHMENT OF THE GEOGRAPHIC INFORMATION COORDINATING COUNCIL

AND THE TRANSFER OF THE CENTER FOR GEOGRAPHIC INFORMATION AND

ANALYSIS TO THE OFFICE OF THE GOVERNOR

 

            WHEREAS, geographic information is emerging as an important strategic resource for the future; and

 

            WHEREAS, increasingly complex decisions, overlapping governmental responsibilities, and limited financial resources demand that agencies work together to develop and utilize geographic information; and

 

            WHEREAS, North Carolina has a history of effective utilization of geographic information and "geographic information systems" (GIS) technology both at the state level and the local level; and

 

            WHEREAS, geographic information and GIS technology are now being developed and used by many agencies in North Carolina without a statewide focus or framework to maximize their usefulness; and

 

            WHEREAS, geographic information and GIS technology can only be fully and practically utilized with a statewide focus and cooperative effort;

 

            NOW, THEREFORE, by the authority vested in me as Governor by Art. III, Section 5(10) of the North Carolina Constitution and the laws of the State, IT IS HEREBY ORDERED:

 

            Section 1.  Policy.  A statewide geographic information coordination effort is hereby formalized for the purpose of furthering cooperation among State, federal, and local government agencies; academic institutions; and the private sector to improve the quality, access, cost effectiveness and utility of North Carolina's geographic information and to promote geographic information as a strategic resource for the State.

 

            Section 2.  Establishment of Coordinating Council.  There is hereby established with the concurrence of the Information Technology Commission (hereinafter ITC) the Geographic Information Coordinating Council (hereinafter Coordinating Council) as a means of guiding the Center for Geographic Information and Analysis (hereinafter CGIA) and establishing the State's direction in the utilization of geographic information, GIS systems, and other related technologies.  The stated purposes of the Coordinating Council are (a)  strategic planning (b)  resolution of policy and technology issues (c)  coordination, direction and oversight, and (d)  advising the Governor, the legislature, and the ITC as to needed directions, responsibilities, and funding regarding geographic information.

 

            Section 3.  Transfer of the Center for Geographic Information and Analysis.  The Center for Geographic Information and Analysis shall be transferred from the Department of Environment, Health and Natural Resources to State Policy and Planning in the Office of the Governor.  The transfer shall be in the same manner as a Type I transfer as provided for in N.C.G.S. 143A‑6.